NATIONAL CATTLEMEN’S BEEF ASSOCIATION

2022

Policy Book

National Cattlemen’s Beef Association

Updated: January 2022

NATIONAL CATTLEMEN’S BEEF ASSOCIATION

2022 Policy Book

NCBA OFFICERS

(thru 2/22)

PRESIDENT PRESIDENT-ELECT VICE PRESIDENT

Jerry Bohn Don Schiefelbein Todd Wilkinson

Kansas Minnesota South Dakota

POLICY DIVISION

CHAIR VICE CHAIR

Mark Eisele Buck Wehrbein

Wyoming Nebraska

INDEX

NCBA POLICY COMMITTEES PAGE

Agriculture & Food Policy………….………………………………3

Cattle Health and Well Being………………………………………24

Federal Lands……………………………………………………….56

International Trade …………………………………………………84

Live Cattle Marketing………………………………………………91

Property Rights & Environmental Management …………………103

Tax & Credit………………………………………………….……132

AGRICULTURE & FOOD POLICY COMMITTEE

Joni Bucher, IL – Chair Kenneth Herz, NE – Vice Chair

Allison Rivera, Staff

1 GENERAL POLICY

1.1 2021 NCBA Agricultural Policy

Statement

1.2 2018 Biosecurity

1.3 2019 Beef Checkoff

1.4 2020 Horse Harvesting and Processing

1.5 2021 Transportation

1.6 2020 Renewable Fuels

1.7 2021 Domestic Energy Policy

1.8 2021 National Beef Cattle Evaluation

Consortium

1.9 2018 Definition of Beef

1.10 2020 Herbicide Use

1.11 2020 Electoral College

1.12 2020 Support for Programs to Mitigate

Price Risk for Cow-Calf Producers

1.13 2020 Rural Broadband

1.14 2020 Livestock Transportation

2 FEDERAL FARM PROGRAMS

2.1 2021 Federal Farm Programs

2.2 2021 Crop Insurance

2.3 2021 FSA/NRCS Consolidation

2.4 2017 Dairy Policy

2.5 2021 Agricultural Research Funding

2.6 2017 Forage Crop Storage Structures

2.7 2021 ACEP-ALE Funding

3 DISASTER RELIEF

3.1 2018 Disaster Relief

3.2 2017 Federal and State Drought

Designations

3.3 2017 Fence Replacement Cost Share

Eligibility

3.4 2019 U.S. Drought Monitor

3.5 2017 Noninsured Crop Disaster Assistance

Program (NAP) & Pasture,

Rangeland, and Forage (PRF)

Multiple Benefit Exclusion

4 HAYING AND GRAZING

4.1 2018 CRP Policy

4.2 2017 Federal Reinsurance for Private

Sector Catastrophic Livestock Risk

Insurance

5 LABOR ISSUES

5.1 2021 Labor/Unionization

5.2 2021 Labor – Orderly Marketing

5.3 2021 Labor – Wage and Employee

Standards/Davis-Bacon

Exemption/Worker’s

Compensation/Unemployment

Compensation

5.4 2021 Labor Relations Act

5.5 2021 Labor – Right-to-Work and

Secondary Boycotts

5.6 2020 Youth Labor

5.7 2017 Immigration Reform

5.8 2017 H-2A or Agricultural Worker

Program Enhancements

5.9 2021 Mexico Border Policy

6 BEEF SAFETY

6.1 2018 Irradiation

6.2 2018 Cloning

6.3 2018 Labeling of Safe Product

6.4 2021 Beef Industry Commitment to Food

Safety Intervention

6.5 2021 Beef Industry Commitment to

Reduce Foodborne Pathogens

6.6 2020 Genetically Engineered or Modified

Organisms Labeling

7 INSPECTION

7.1 2021 Imported Meat Inspection

Equivalency

7.2 2020 Domestic Meat Inspection System

7.3 2021 FSIS National Residue Monitoring

Program

8 NUTRITION & HEALTH

8.1 2021 Nutrition & Health Statement of

Principles

8.2 2021 Nutrient and Food Consumption

Survey

8.3 2021 USDA National Nutrient Database

for Standard Reference

8.4 2021 Imitation and Substitute Products

8.5 2021 Dietary Recommendation Issues

8.6 2019 Vegetable Protein Enhanced

Products

1. GENERAL POLICY

AFP 1.1

2021/Renewed

NCBA Agricultural Policy Statement

This statement will guide NCBA’s actions on behalf

of the cattle industry in influencing the government

relating to agriculture. Under this statement,

NCBA’s priorities are to:

1. Achieve a reduction in federal spending

and the deficit.

2. Minimize direct federal involvement in

agriculture.

3. Preserve the right of individual choice in

the management of land, water, and other

resources.

4. Preserve the right of individual choice in

the management of contracts and

marketing.

5. Preserve the freedoms provided within the

Constitution.

6. Provide an opportunity to compete in

foreign markets.

7. Oppose farm policy which favors one

producer or commodity over another.

8. Support opportunities for young men and

women to enter the beef cattle business and

provide experiences and education to

enhance their marketability within the

industry.

Natural Resource Policy

Government policy should enhance the individual’s

right of free choice in land use, soil conservation,

water conservation, energy use, and development as

long as the individual minimizes accepted soil loss

limits, that are based upon sound science. State laws

and individual private rights should be preeminent

in the use of water and other natural resources.

Marketing Policy

National agricultural policy should be oriented to a

free, private enterprise, competitive market system.

Farm policy should be discouraged which:

1. Guarantees profit.

2. Restricts the operation of the competitive

marketplace.

3. Does not allow for both parties’ consent in

writing to use arbitration.

Private enterprise alternatives in marketing and risk

management should be developed and encouraged

as the preferred alternative to government

programming.

Commodity Programs Policy

Government farm commodity programs influence,

change and distort the price and supply of beef

cattle. The impact can be indirect, as when grain

prices are affected by a government program or

direct, as when dairy payment program results in

dairy cattle slaughter or retention.

Any commodity program must include thorough

consideration of the impact of subsidies and

guarantees for given commodities on other

commodity sectors and on domestic and foreign

markets, before the program is adopted. Any

government programs which would have a

substantial negative effect on cattlemen need to be

opposed and prevented.

Recognizing the high degree of government

intervention in agriculture and the potential

economic disruption of an immediate end to

commodity programs, NCBA supports a transition

or phase-out period for programs that may be

eliminated.

It is not in the national, farm, or individual producer

interest to vest the government with authority to:

1. Set prices.

2. Underwrite inefficient production.

3. Manipulate domestic supply, demand, cost,

or price.

The principal focus of government farm policy

should be to promote a free market, private

enterprise farm economy. Every effort should be

made to develop an integrated domestic-foreign

trade policy which encourages:

1. Reciprocity.

2. Comparative advantage.

3. Elimination of unfair trade restrictions.

4. Movement toward private enterprise and

free markets.

NCBA strongly opposes direct cash payments to any

segment of the livestock industry for the purpose of

offsetting low market prices except for:

1. Payments made for natural disasters.

2. Efforts to establish commodity/revenue

insurance programs in lieu of emergency

disaster programs.

AFP 1.2

2018/Renewed

Biosecurity

WHEREAS, securing the health and safety

of agriculture from terrorist groups and other

negative influences is a serious concern, and

WHEREAS, protecting our agricultural

industry for a stable, self-sufficient food source for

the U.S. consumers is vital and should not be taken

for granted,

THEREFORE BE IT RESOLVED, NCBA

supports new initiatives concerning acts of terrorism

against livestock to:

1. Strengthen the penalties for anyone

involved in terrorist activities

affecting the agricultural industry;

2. Provide increased coordination of

local, state, and federal officials to

more effectively monitor and respond

to these threats; and

3. Give producers increased protections

against false and derogatory

statements or ballot issues that would

damage or endanger a producer’s

livelihood, product, property, or

diminish livestock production

practices.

AFP 1.3

2019/Renewed

Beef Checkoff

WHEREAS, the Beef Promotion Research

Act and the Beef Promotion Research Order (beef

checkoff) has been instrumental in increasing the

demand for beef by providing funding and structure

for beef and food safety research, informing the

public about beef’s positive nutritional message and

health attributes, organizing and coordinating the

beef industry’s issue management strategies,

leveraging dollars for international and domestic

marketing efforts, and working with retailers and

food service outlets to promote beef, and

WHEREAS, past challenges to the beef

checkoff have harmed the beef industry by

channeling industry resources to address internal

industry dissension rather than consumer demand,

THEREFORE BE IT RESOLVED, NCBA

seeks beef industry input on making improvements

to the beef checkoff that:

• Provides equal to or greater total

collection revenues;

• Continues the role of the Cattlemen’s

Beef Board as administrator of, but not a

contractor for, demand building

programs;

• Maintains Federation of State Beef

Council representation at 50% of the

Beef Promotion Operating Committee;

• Maintains state beef council funding at

one-half of collections;

• Does not use the Commodity Promotion,

Research, and Information Act of 1996

as the model;

• Does not limit the amount or percentage

of funds that can be awarded to an

individual contractor by the Beef

Promotion Operating Committee; and

• Maintains the fundamental right of the

Federation of State Beef Councils to

determine where it resides.

BE IT FURTHER RESOLVED, NCBA and

affiliated state cattlemen’s organizations support the

following modifications to the beef checkoff

program:

• Revise the beef referendum process

to provide producers the opportunity, at

regular time intervals, to petition for a

referendum on continuing the beef

checkoff program. Ten percent of

producers nationwide signing the

petition at USDA designated local sites

will trigger the USDA to conduct a vote

within a year.

• Increase the beef checkoff assessment

rate for the purpose of adequately

funding an effective beef demand

building program. Ensure a referendum

is held so all producers have an

opportunity to vote on the changes.

BE IT FURTHER RESOLVED, should the

beef industry develop consensus on improvements to

the beef checkoff, NCBA will work to initiate the

legislative and/or regulatory actions to implement

the changes.

BE IT FURTHER RESOLVED, any

enhancements to the beef checkoff program must be

guided by the Industry-Wide Long Range Plan and

the following principles which:

• Builds beef demand efficiently and

effectively without creating new

bureaucracies and administrative

functions;

• Maintains the strength of the State Beef

Councils and the focused, coordinated

state- national plan through the

Federation of State Beef Councils as the

best way of achieving the goals of the

long range plan;

• Minimizes government control;

• Assures accountability to the industry;

• Maintains state-based input, autonomy,

and ownership;

• Requires everyone to invest;

• Maximizes grassroots involvement;

• Provides equity to all investors; and

• Restores the ability to promote,

research, and educate consumers and

producers about beef to a significant

level.

AFP 1.4

2020/Amended

Horse Harvesting and Processing

WHEREAS, it is important to have ethical

and humane means to dispose of horses, and

WHEREAS, NCBA supports every effort to

ensure horses are treated humanely throughout their

lifetime, and

WHEREAS, without a means to dispose of

horses there will ultimately be a detrimental effect to

the welfare of horses, and

WHEREAS, the method of euthanasia

employed by processing facilities that harvest horses

is a humane end of life, and

WHEREAS, there exists an extremely

insufficient infrastructure and no funding

mechanism to support the humane existence of

unwanted horses, and

WHEREAS, unwanted horses are processed

into products that are consumed by humans in

overseas markets, and

WHEREAS, the value of unwanted horses

as a food animal dictates they not be abused, lest this

value be diminished, and

WHEREAS, the cattle industry depends

upon an economically healthy horse industry and

systems to offer a humane end of life for unwanted

horses,

THEREFORE BE IT RESOLVED, NCBA

opposes any legislation that would prohibit horse

harvesting or processing, or otherwise hinder future

efforts to responsibly dispose of unwanted horses.

BE IT FURTHER RESOLVED, NCBA

supports the funding for federal inspection of horse

processing facilities.

AFP 1.5

2021/Renewed

Transportation

WHEREAS, transportation issues continue

to create challenges for producers across the nation

when hauling cattle and equipment,

THEREFORE BE IT RESOLVED, NCBA

supports updating the Commercial Motor Vehicle

Safety Act to facilitate producers’ abilities to operate

in today’s environment as follows:

• Create uniformity and reciprocity of farm

exemptions for Class C licenses across all

states.

• Create a uniform mileage exemption for

farm use of vehicles over 26,000 pounds

Gross Vehicle (current Class A Non-

Commercial).

• Eliminate Commercial Driver’s License

(CDL) and Department of Transportation

(DOT) number requirements for vehicle

combinations for farm use only exemption.

• Provide opportunity for the purchase of

permits by commercially licensed trucks

hauling farm commodities up to 100,000

pounds or the maximum allowed by states

that exceed 100,000 pounds.

BE IT FURTHER RESOLVED, NCBA

supports changing the definition of “Covered Farm

Vehicle” to those farm vehicles under the gross

vehicle weight rating or gross weight of 36,001

pounds and exempt such vehicles from commercial

vehicle regulations.

AFP 1.6

2020/Amended

Renewable Fuels

WHEREAS, NCBA supports our nation’s

commitment to reduce dependence on foreign

energy, and

WHEREAS, NCBA supports efforts to

develop forms of renewable energy, and

WHEREAS, NCBA believes in a market-

based economy and there is concern among cattle

producers about the influence of renewable energy

policy on the availability and price of feed grains and

other feedstuffs,

THEREFORE BE IT RESOLVED, NCBA

supports transition to a market-based approach for

the production and usage of renewable fuels.

BE IT FURTHER RESOLVED, NCBA

urges the EPA to grant a Renewable Fuel Standard

waiver after a declaration of natural disaster.

BE IT FURTHER RESOLVED, NCBA

supports research of renewable fuels to benefit

consumers and the agricultural economy.

AFP 1.7

2021/Renewed

Domestic Energy Policy

WHEREAS, the beef industry and the rest of

agriculture have faced times when inputs that are

direct or indirect derivatives of crude oil reached

elevated price levels, and

WHEREAS, there is a need for credible

energy policy, and

WHEREAS, domestic and international

demands for crude oil and diesel fuel, at times, create

worldwide shortages, and

WHEREAS, the survival of the beef industry

and agriculture depend upon the ability to explore for

domestic energy and maintain refining capacities for

crude oil in the U.S. to maintain an adequate supply of

fossil fuel-based energy sources and the refining

capacity for that oil,

THEREFORE BE IT RESOLVED, that

NCBA supports national policy that:

1. Is proactive and supports environmentally

responsible domestic exploration and

extraction of all fossil fuel-based energy

sources in any region of the U.S. that is found

to hold reserves.

2. Brings immediate relief in the regulatory and

permitting arena to expedite both new

construction and renovation of existing

refineries.

3. Leads to the U.S. energy independence.

4. Reinforces NCBA's position as a leader in

the coordination and resolution of

environmental and natural resource issues.

AFP 1.8

2021/Renewed

National Beef Cattle Evaluation Consortium

WHEREAS, genetic technologies, methods

for genomic selection of seedstock animals, and the

development of new traits with Expected Progeny

Differences (EPDs) is rapidly evolving, and

WHEREAS, the success of beef cattle

genetic evaluation has also been greatly influenced by

the existence of an established delivery system for

making EPDs readily available to all producers, which

includes breed associations, artificial insemination

organizations, and individual seedstock producers

through their dissemination of superior genetics based

on EPDs and genomically-enhanced EPDs, and

WHEREAS, under the umbrella of the

National Beef Cattle Evaluation Consortium

(NBCEC) many collaborators have combined

expertise to focus resources more efficiently in the

advancement of genetic research leading to the

development of a nationally organized effort in beef

cattle genetics and genomic research, and

WHEREAS, seedstock and commercial beef

producers are confronted with a plurality of genetic

selection tools including a multitude of EPDs and

economic selection indices to facilitate sire selection,

and estimates of breed differences and heterosis to

design breeding programs, and

WHEREAS, there is great economic benefit

to expedite the transfer of this genetic and genomic

evaluation technology in a practical and functional

form to the seedstock and commercial beef industry,

and

WHEREAS, the ability to influence the

genetics of U.S. beef cattle has enhanced our

competitiveness of beef production both domestically

and globally, and

WHEREAS, the funding of consortium

efforts currently does not exist outside of competitive

federal grants, which does not allow for the long-

range planning necessary to take research from

development to implementation and reduces the scope

of consortium efforts,

THEREFORE BE IT RESOLVED, NCBA

shall seek a permanent commitment of annual federal

funding to be allocated to the Agriculture Research

Service (ARS), where research efforts will focus on

such areas as:

1. Methodology to include new sources of

DNA information into genetic

evaluation programs.

2. Expanding multi-breed applications for

genetic evaluation.

3. Development of selection tools for

emerging economically relevant traits.

4. Development of software to enable

informed use of the pluralities of

available selection tools to facilitate

breeding selection decisions and

enhance profitability in breeding

programs.

AFP 1.9

2018/New

Definition of Beef

WHEREAS, alternative sources of protein

are being labeled and promoted as an equivalent or

substitute for beef, and

WHEREAS, the use of traditional beef

nomenclature on alternative products is confusing to

consumers and weakens the value of products derived

from actual livestock production,

THEREFORE BE IT RESOLVED, NCBA

oppose alternative proteins being permitted to use

nomenclature associated with protein sourced from

livestock production and oppose these proteins

claiming to be equivalent to, or a substitute for,

proteins derived from livestock production,

BE IT FURTHER RESOLVED, NCBA

support the definition of beef to only include products

derived from actual livestock raised by cattle farmers

and ranchers and harvested for human consumption.

AFP 1.10

2020/Amended

Herbicide Use

WHEREAS, the success of cattle producers

is dependent upon high-quality pasture and rangeland,

and

WHEREAS, cattle producers spend a

tremendous amount of time and money to control

unwanted native and non-native plant species in their

pasture and rangelands, resulting in more overall

forage production, and

WHEREAS, cattle producers are responsible

stewards of the land who are subject to federal rules

regarding the application of herbicide products,

THEREFORE BE IT RESOLVED, NCBA

supports the use of federal and state registered

herbicide products by cattle producers on their pasture

and rangelands.

2020/New

AFP 1.11

2020/New

Electoral College

WHEREAS, there is a movement to

eliminate the current electoral college process, and

WHEREAS, the electoral college is a proven

fair representation of the U.S. population

demographics,

THEREFORE BE IT RESOLVED, NCBA

supports maintaining the current electoral college

voting process.

AFP 1.12

2020/New

Support for Programs to Mitigate Price Risk for

Cow-Calf Producers

WHEREAS, the cattle industry has seen

increased volatility in the market that has put

tremendous financial pressure on cow calf producers,

and

WHEREAS, this volatility has highlighted

the need for viable options for true risk management

within the cow calf sector, and

WHEREAS, NCBA commissioned an

“Economic Damages to the U.S. Beef Cattle Industry

Due to COVID-19” study by Oklahoma State

University, and

WHEREAS, the Oklahoma State University

report concluded cow-calf operators have far fewer

risk management tools at their disposal compared to

other beef cattle sectors, and

WHEREAS, agricultural economists have

since provided further evaluation on potential tools

for risk management within the cow calf sector,

THEREFORE BE IT RESOLVED, NCBA

supports the development of risk management tools

or the revision of existing tools for cow calf

producers to minimize risk for members in this

segment of the industry.

AFP 1.13

2020/New

Rural Broadband

WHEREAS, high-speed internet access is

necessary to assure the connectivity and

competitiveness of rural economies and industries,

and

WHEREAS, many rural areas lack

complete, competitive, and comprehensive

broadband infrastructure, and

WHEREAS, rural areas will benefit from

access to telehealth and virtual learning, and

WHEREAS, limited internet access may

impede cattle producers’ ability to engage in

competitive marketplaces,

THEREFORE BE IT RESOLVED, NCBA

supports funding for rural broadband infrastructure.

BE IT FURTHER RESOLVED, NCBA

supports programs that specifically prioritize

unserved and underserved areas.

BE IT FURTHER RESOLVED, NCBA

supports congressional and agency actions which

reduce regulatory burdens to achieving broadband

access.

AFP 1.14

2020/New

Livestock Transportation

WHEREAS, cattle producers often have to

transport their livestock hundreds of miles to pasture,

feed yards, or market increasing overall cost of

production due to freight costs, and

WHEREAS, there is variance in state laws

regulating the maximum weight and length limits on

trucks, causing inconvenience, confusion, and

economic loss to truckers, shippers, and cattle

producers, and

WHEREAS, these variances make it

impossible for livestock haulers to maximize their

load capacity, which causes more trucks to be on the

road, and

WHEREAS, having fewer trucks on the road

will increase safety, reduce environmental impacts,

and spread freight costs across a greater number of

cattle, therefore reducing average freight costs per

head,

THEREFORE BE IT RESOLVED, NCBA

and the Livestock Marketing Council (LMC)

supports the American Trucking Association in their

efforts to standardize truck length and weights for

vehicles used on federal, state, and county public

roads that are constructed with federal funds to allow

gross weight over 98,000 lbs. for livestock haulers

and kingpin to rear axle lengths that allow standard

livestock semi-trailers to enter every state.

BE IT FURTHER RESOLVED, NCBA and

the LMC supports adding additional axles to

livestock semi-trailers to increase the braking power

and improve weight distribution; thereby increasing

both public safety and livestock safety while reducing

stress on the roadways.

2. FEDERAL FARM PROGRAMS

AFP 2.1

2021/Renewed

Federal Farm Programs

WHEREAS, NCBA’s policy supporting

less government involvement may result in incentive

payment programs being developed without

NCBA’s input,

THEREFORE BE IT RESOLVED, NCBA

approves the following parameters that would allow

us to be involved in the discussions surrounding any

federal farm program being developed:

1. An economic review being conducted

on the effect on all segments of the beef

industry before implementation of a

non-emergency program.

2. Evidence of a true need for the

program.

3. That all programs must have an ending

date, a full analysis of the results of the

program, and whether there is a

continuing need for the program.

4. That any program shall encourage private

enterprise and minimize government

involvement in agriculture.

BE IT FURTHER RESOLVED, NCBA

pursues legislation and/or regulatory action in the

federal government within these parameters.

AFP 2.2

2021/Renewed

Crop Insurance

BE IT RESOLVED, NCBA supports the

concept of Federal Crop Insurance nationwide for all

forages with the ultimate goal of substituting disaster

and drought relief programs with crop insurance.

BE IT FURTHER RESOLVED, this

program should involve the private sector as well as

federal resources and would be a voluntary program.

AFP 2.3

2021/Renewed

FSA/NRCS Consolidation

WHEREAS, soil conservation is of

continuing importance to the beef industry, and

WHEREAS, it is important that separation

of regulatory and technical assistance in this area

occurs,

THEREFORE BE IT RESOLVED, NCBA

vigorously opposes any abolishment of the NRCS or

combining NRCS under FSA and supports adequate

funding for NRCS technical assistance to meet

science-based, ecologically, and economically sound

conservation needs.

AFP 2.4

2017/Renewed

Dairy Policy

WHEREAS, Congress has spent

considerable time and resources in formulating dairy

policy, and

WHEREAS, the solution may have

significant economic impact on both the dairy and

beef industry,

THEREFORE BE IT RESOLVED, NCBA

will support dairy policy that moves the dairy

industry toward greater freedom in and dependence

on the market forces,

BE IT FURTHER RESOLVED, any

transition policy must substantially minimize its

impact on other elements of agriculture, such as the

cattle industry.

AFP 2.5

2021/Renewed

Agricultural Research Funding

WHEREAS, NCBA has established policy

goals in the areas of food safety, conservation, the

environment, animal health, and other areas, and

WHEREAS, funding for agricultural

research to support these policies has been

significantly reduced over the past several years, and

WHEREAS, introduction of emerging

exotic diseases pose a threat to the domestic beef

industry, and

WHEREAS, research and funding to

combat these emerging risks will continually reduce

the research funding available to pursue NCBA

policy goals, and

WHEREAS, an Economic Research

Service comprehensive literature review indicated

there have been 64 reviews of the return on

investment in agriculture research and extension

from 1915 through 1985 and these studies document

a positive return of investment of 46.7 percent, and

WHEREAS, agricultural research and

extension continues to be an excellent investment of

public resources,

THEREFORE BE IT RESOLVED, NCBA

supports adequate federal funding for agricultural

research.

BE IT FURTHER RESOLVED, NCBA

supports research which will protect the profitability,

global competitiveness, and long-term viability of

America’s cattle and beef producers.

AFP 2.6

2017/Renewed

Forage Crop Storage Structures

WHEREAS, forage crops (hay, haylage, etc.)

are fundamental elements in the feeding of beef brood

cows, production of feeder calves, and feeding of

market cattle and effective, long- term storage of

forage crops is a key element in the ability to produce

and market feeder cattle, and

WHEREAS, USDA offers a low or interest

free loan program for commodity (grain) storage

facilities to support on farm storage of grains to

optimize product marketing opportunities,

THEREFORE BE IT RESOLVED, USDA

should extend the low or interest free loan program

currently in place for commodity (grain) storage

facilities to livestock forage crop storage structures.

AFP 2.7

2021/New

ACEP-ALE Funding

WHEREAS, 11 million acres of agriculture

land have been lost to high and low density

development in the U.S. between 2001 and 2016, and

WHEREAS, the Agriculture Conservation

Easement Program (ACEP) can play a key role in rural

America for production agriculture, and

WHEREAS, ACEP’s Agricultural Land

Easement Program (ACEP-ALE) allows farmers to sell

development rights and keep the land in production,

THEREFORE BE IT RESOLVED, NCBA

supports:

1. Increasing ACEP-ALE funding to meet

the need.

2. Increasing the ceiling on the eligible

federal share for ACEP conservation

easement to 80% of the easement value.

3. Allowing for ACEP-ALE funds to be

used to cover transaction costs incurred

by landowners and the eligible entity

facilitating the transaction, as well as

project startup costs.

3. DISASTER RELIEF

AFP 3.1

2018/Renewed

Disaster Relief

WHEREAS, livestock producers are subject

to losses caused by flooding, wildfire, blizzards and

many other natural causes, and

WHEREAS, over the years livestock

producers have suffered tremendous losses due to

drought, floods and other natural disaster, and

WHEREAS, livestock producers have been

unable to obtain federal grant assistance needed to

help offset their losses,

THEREFORE BE IT RESOLVED, NCBA

takes the necessary steps to assure that livestock

producers are included in every federal disaster relief

program and that the criteria for disaster declarations

for livestock producers be formulated based on

standards applicable to regional situations.

BE IT FURTHER RESOLVED, NCBA

support cattlemen and their local and state

organizations in their efforts to receive timely and

effective federal disaster assistance in these

situations.

BE IT FURTHER RESOLVED, the Farm

Services Agency (FSA) Livestock Assistance

Program be continued but amended to allow greater

flexibility by the state FSA committees to determine

specific state eligibility criteria and implementation

of the Livestock Assistance Programs. Assistance

should be available to agricultural producers who

suffered losses to fires when the starting of the fire

was beyond the producer’s control.

BE IT FURTHER RESOLVED, the

Secretary of Agriculture be allowed the authority to

quickly implement the Livestock Assistance

Program and quickly obtain sufficient funding.

BE IT FURTHER RESOLVED, NCBA

aggressively pursues adequate funding, including

Federal Emergency Management Act funding, for

livestock producers adversely impacted by disaster

conditions.

BE IT FURTHER RESOLVED, NCBA

monitors the distribution of any disaster assistance

funding to ensure the funds are directed to those

producers directly impacted by the disaster

conditions.

BE IT FURTHER RESOLVED, NCBA

works with USDA and Congress to ensure that

eligibility criteria for all livestock assistance and

compensation programs be based on livestock and/or

forage production losses and funding distributed on

actual county losses.

AFP 3.2

2017/Renewed

Federal and State Drought Designations

WHEREAS, the current system of analyzing

certain geographic areas within the United States does

not adequately measure the impact of drought, and

WHEREAS, the current use of the Palmer

Drought Index is slow in completing the analysis and

therefore makes response later than what is needed,

and

WHEREAS, alternative methods for

drought analysis only take temperature and

precipitation into consideration, but ignore the

effects of wind, precipitation timing, and soil

moisture, and

WHEREAS, local entities of state and federal

government are in a better position to gauge the

respective effects of drought conditions, and

WHEREAS, there is no systematic, scientific

method currently in use to quantify the loss of pasture

and range due to drought conditions,

THEREFORE BE IT RESOLVED, NCBA

shall propose to federal and state agencies that the

current system for determining federal and state

drought designation be revised, consolidated, and

streamlined in the following manner:

•

Clipping plots shall be established in

each county and reservation to verify

actual yearly production.

•

Precipitation shall be gauged as

“effective precipitation” as established

in the Natural Resources Conservation

Service Technical Guides.

•

Weather stations shall have the

capability to measure soil moisture,

average wind speed, and duration of the

wind.

•

United States Department of Agriculture

county committees or Tribal councils

shall have the authority to declare a

drought once their county or reservation

has reached the established drought

criteria.

AFP 3.3

2017/Renewed

Fence Replacement Cost Share Eligibility

WHEREAS, the United States Department of

Agriculture’s (USDA) rules arbitrarily limit fence

replacement cost share eligibility to fences less than 20

years of age, and

WHEREAS, such a 20-year age limitation

places an unnecessary and undue burden on ranchers

who need to rebuild and restock their ranching

operations due to natural disasters,

THEREFORE BE IT RESOLVED, NCBA

support federal legislation and/or rulemaking which

would remove the fence age requirement for fence

replacement cost share eligibility after a natural

disaster.

AFP 3.4

2019/Renewed

U.S. Drought Monitor

WHEREAS, the U.S. Drought Monitor

administered by the University of Nebraska, Lincoln

(UNL) establishes the drought status for counties

across the United States, and

WHEREAS, the U.S. Drought Monitor is

used as the mechanism to assess disaster relief

payments under the Livestock Forage Program

administered by the Farm Services Agency, and

WHEREAS, the determination to list a

county’s drought classification as moderate (D1),

severe (D2), extreme (D3) or exceptional (D4) is

based on five criterion: 1) the Palmer Drought Index,

2) the CPC Soil Moisture Model, 3) U.S. Geological

Survey Weekly Streamflow statistics, 4) the

Standardized Precipitation Index, and 5) Objective

Short and Long-Term Indicator Blends, and

WHEREAS, the current five criteria used to

establish a county’s drought classification by UNL

do not necessarily reflect the true severity of a

drought, and

WHEREAS, an inaccurate drought status

has a detrimental impact on the total payment a

rancher will receive under the Livestock Forage

Program, now

THEREFORE BE IT RESOLVED, NCBA

urges UNL to take the necessary steps to adjust its

criteria used to determine a county’s drought

classification so as to be consistent with actual on-

the-ground conditions, and

BE IT FURTHER RESOLVED, NCBA

requests UNL to establish a formalized system to

more readily accept data submitted from local

researchers and federal and state agencies to be used

by university staff when making drought

classifications.

AFP 3.5

2017/New

Noninsured Crop Disaster Assistance Program

(NAP) & Pasture, Rangeland, and Forage (PRF)

Multiple Benefit Exclusion

WHEREAS, the Farm Service Agency

excluded PRF indemnity payments from the multiple

benefit exclusion rule on October 26, 2015, allowing

producers to receive NAP and PRF indemnities on

the same acres for the same intended use of grazing

for the 2015, 2016, and 2017 crop years. However,

for 2018, producers enrolling in both NAP and PRF

on the same acres for the same intended use of

grazing must choose whether to receive the benefit

under the pilot product or NAP, but may not be

eligible for both, and

WHEREAS, while agriculture producers

should not receive multiple benefits for the same crop

loss, requiring a livestock producer to choose

between NAP or PRF benefits presents the following

unintended consequences and undue hardship on our

nation's livestock producers:

• Paying a loss for several different perils

through NAP (flooding, drought, fire),

while the PRF program, under the

Rainfall Index, only triggers

indemnities for one peril, lack of

rainfall. Therefore, since benefits can be

paid for different losses, multiple

benefit exclusions should not apply to

the PRF program.

• Requiring livestock producers to choose

between programs significantly reduces

our members’ risk management options

while the risks for livestock producers

have increased.

THEREFORE BE IT RESOLVED, NCBA

works to ensure producers are eligible to receive

100% benefit from the NAP and PRF programs

during the 2018 crop year and beyond.

4. HAYING AND GRAZING

AFP 4.1

2018/Amended

CRP Policy

WHEREAS, the nation’s cows and stocker

cattle are competing for grazing lands with

government programs, and

WHEREAS, economic pressures are

accelerating the conversion of grazing lands for

competing uses, and

WHEREAS, permanent grasslands help

protect water quality and are important habitat for

birds and animals, and

WHEREAS, the Conservation Reserve

Program (CRP) is mandated to utilize a conservation

cover crop, and

WHEREAS, CRP conservation cover crops

can be utilized as valuable forage, and

WHEREAS, intentionally and actively

using cattle to manage grasslands under the control

of state and federal programs will benefit and

enhance the grassland ecosystem,

THEREFORE BE IT RESOLVED, NCBA

support rules to allow periodic non-emergency and

emergency haying and grazing as approved by a

Natural Resources Conservation Service (NRCS)

Management Plan, including CRP lands planted with

CP 25 grass mixtures to address rare and declining

wildlife habitat. All NRCS resource concerns shall

be addressed by provisions on the Management Plan,

and

BE IT FURTHER RESOLVED, NCBA

support amendments to the CRP law that clarifies

emergency forage is one purpose of CRP, and

BE IT FURTHER RESOLVED, NCBA

oppose legislation increasing the number of

additional acres that may be enrolled in CRP, and

BE IT FURTHER RESOLVED, in all

instances of haying or grazing on lands enrolled in

CRP, continuous sign-up CRP, or CREP, the

payment should be reduced by the value of the forage

removed, and

BE IT FURTHER RESOLVED, managed

grazing on CRP lands should be permitted during the

primary wildlife nesting and brood rearing season

where allowed under an approved plan, and

BE IT FURTHER RESOLVED, should a

producer extend a current contract for CRP and then

decide to remove that land from the extended CRP

contract, then any applicable penalty should be based

upon the time from date of extension to date of

withdrawal.

AFP 4.2

2017/Renewed

Federal Reinsurance for Private Sector

Catastrophic Livestock Risk Insurance

WHEREAS, United States cattle are

extremely susceptible to a host of diseases such as

foot and mouth disease, bovine spongiform

encephalopathy (BSE), foreign and emerging animal

health diseases, and others that could be released

inadvertently or as an act of terrorism, and

WHEREAS, adequate state and federal

funding of existing indemnity programs, in the event

of widespread catastrophic occurrences, is uncertain

and unrealistic to depend on, and

WHEREAS, there is no readily available or

affordable private sector or governmental financial

capacity to fund catastrophic events, and

WHEREAS, in the absence of a

comprehensive catastrophic livestock risk insurance

program, significant market manipulation can occur

through unsubstantiated rumors that cause

widespread uncertainties with regard to the risk of

such losses, and

WHEREAS, such uncertainty undermines

the continued stability of commodity markets and

prices for all U.S. producers, and

WHEREAS, continued unavailability of

affordable comprehensive insurance for such

catastrophic risks threatens the growth and stability

of the U.S. economy, impedes the ability of financial

service providers to dedicate capital, and limits the

effectiveness of commodity exchanges, and

WHEREAS, such action is necessary as

soon as possible to limit immediate market

disruptions, encourage the continued financing of the

cattle industry in general, re-instill public confidence

in the efficient functioning of the agribusiness

economy, and provide for worldwide agribusiness

stabilization,

THEREFORE BE IT RESOLVED, NCBA

strongly supports the development of a federal

reinsurance program to establish risk sharing with the

private sector and ensure the availability of

catastrophic risk insurance products.

5. LABOR ISSUES

AFP 5.1

2021/Renewed

Labor/Unionization

WHEREAS, legislative proposals have

been made that would enable labor unions to rapidly

boost their membership numbers to the detriment of

employee and employer rights, and

WHEREAS, such legislation would hinder

future economic growth and job creation,

THEREFORE BE IT RESOLVED, NCBA

oppose the Employee Free Choice Act and any other

effort that would:

1. Take away an employee's right to

privacy by allowing a card check

system instead of secret ballot voting to

organize a union.

2. Force collective bargaining upon

businesses and their employees who

neither need it nor want it.

3. Require forced arbitration to determine

wages and benefits without a

ratification vote by employees.

AFP 5.2

2021/Renewed

Labor—Orderly Marketing

WHEREAS, NCBA recognizes that various

historic labor practices have had an adverse effect

upon the orderly marketing and efficient production

of our product,

THEREFORE BE IT RESOLVED, NCBA

opposes any effort which would be restrictive in the

efficient movement of agricultural products to

domestic and foreign consumers, including:

1. Discrimination in the sale of red meats

(i.e., restriction of sale hours and

marketing of fabricated products).

2. Labor union actions to control or

restrain the movement of agricultural

products.

BE IT FURTHER RESOLVED, NCBA

shall make efforts to inform consumers of labor or

management practices which contribute to higher

food costs.

BE IT FURTHER RESOLVED, NCBA

agrees with the concept that losses sustained by

strikes, boycotts, or other organized labor action

should be reimbursable to the producers and

processors suffering said losses.

BE IT FURTHER RESOLVED, NCBA

opposes all actions that would result in reduced labor

productivity or increased labor costs directly related

to the production, transportation, processing, or

marketing of our product.

BE IT FURTHER RESOLVED, NCBA

endorses the concept of fair and equitable salaries for

value and production received.

AFP 5.3

2021/Amended

Labor—Wage and Employee Standards/Davis-

Bacon Exemption/Worker’s Compensation/

Unemployment Compensation

WHEREAS, the cattle and beef industry

provides unique employment opportunities to

inexperienced individuals, in addition to skilled and

para- professional livestock workers, and

WHEREAS, the cattle and beef industry

also provides employment and training opportunities

for those individuals who can work on a temporary

basis, and

WHEREAS, the agricultural employers of

the U.S. do not have the opportunity to passon the

additional cost of mandatory unemployment

compensation deductions, and

WHEREAS, agricultural employees are

presently protected under the Special

Unemployment Assistance Program, and

WHEREAS, Congressional action in this

area would impose additional requirements on

agricultural employers, thereby interfering with

states’ rights, and

WHEREAS, agricultural labor is generally

excluded from various state and federal

unemployment compensation programs, and

WHEREAS, mandated programs do not

recognize the unique and often seasonal nature of

agricultural labor, and

WHEREAS, NCBA believes in, and

subscribes to, the principle of paying employees a

reasonable, living wage for services performed,

THEREFORE BE IT RESOLVED, NCBA

opposes arbitrary raises in the minimum wage.

BE IT FURTHER RESOLVED, wages,

benefits, and hours of employment should be by

mutual agreement between the employer and

employee.

BE IT FUTHER RESOLVED, NCBA

supports an exemption of agricultural activities from

the provisions of the Davis-Bacon Act.

BE IT FURTHER RESOLVED, NCBA

believes each state should be allowed to exercise its

own rights in enactment of State Worker’s

Compensation laws and NCBA opposes any Federal

Worker’s Compensation Legislation affecting

agriculture.

BE IT FURTHER RESOLVED, NCBA

opposes federal legislation extending unemployment

compensation to agriculture.

BE IT FURTHER RESOLVED, NCBA

opposes unemployment deductions on family farm

corporate members or other persons not eligible to

receive unemployment compensation benefits.

AFP 5.4

2021/Renewed

Labor Relations Act

WHEREAS, NCBA recognizes that efforts

may continue in some areas to organize agricultural

workers into unions, nevertheless, NCBA does not

believe the agricultural industry will be well-served

by bringing agriculture under a National Labor

Relations Act, and

WHEREAS, agriculture is now exempt

from the existing National Labor Relations Act,

THEREFORE BE IT RESOLVED, NCBA

work to protect agriculture’s current exemption and

oppose any attempt to bring agriculture under any

federal labor relations act, whether it be the present

act, or a subsequent national agricultural labor

relations statute which might be devised.

AFP 5.5

2021/Renewed

Labor—Right-To-Work

and Secondary Boycotts

WHEREAS, compulsory union

membership is contrary to the basic principles of

individual freedom upon which this nation was

founded, and

WHEREAS, union organizational efforts

have included such coercive tactics as secondary

boycotts, strikes at harvest time, unreasonable

picketing, threats, destruction of private property,

and bodily injury, and

WHEREAS, unions are using their

members’ dues for political activities, and

WHEREAS, since conferring upon unions

the authority to draw up and enforce closed shop

rules is, in effect, giving non-governmental bodies

compulsory licensing and taxing authority, and

WHEREAS, a closed shop contributes to

the power of unions to tie up entire industries and/or

segments of the economy which is a dangerous threat

to the rights of all citizens and the nation itself,

THEREFORE BE IT RESOLVED, NCBA

supports the passage of “Right-to-Work” laws in

those states where they are not part of the statutes

and will support efforts to retain laws in states where

they are a matter of record.

BE IT FURTHER RESOLVED, NCBA

defends the provisions of the federal law which

assures states the right to enact “Right-to-Work”

laws, and insists the law be enforced against

secondary boycotts.

BE IT FURTHER RESOLVED, Congress

is urged to repeal those provisions of the National

Labor Relations Act (NLRA) and the Railway Labor

Act (RLA) which authorize and foster the practice of

compulsory unions.

BE IT FURTHER RESOLVED, NCBA

supports a position that would prohibit unions from

using dues for any political activity, including

“inkind” support.

BE IT FURTHER RESOLVED, NCBA

urges Congress to pass laws increasing the authority

of the President of the United States to prevent

strikes and other work stoppages which cause serious

harm to the general public and to agriculture.

BE IT FURTHER RESOLVED, NCBA

opposes any legislation that would extend the federal

authorization of compulsory union membership to

agricultural employees or to any other employees not

now covered by such provision.

AFP 5.6

2020/Renewed

Youth Labor

WHEREAS, family farming and ranching is

integral to U.S. agriculture, and

WHEREAS, the safety of our youth is

paramount and of utmost importance to our producers,

and

WHEREAS, it is essential to the beef

industry to develop and train future workforce and

leadership,

THEREFORE BE IT RESOLVED, NCBA

opposes legislation and regulation that limits

producers’ ability to employ youth in their operations.

AFP 5.7

2017/Renewed

Immigration Reform

WHEREAS, the United States beef industry

is challenged by a lack of interested and reliable U.S.

workers and therefore must rely on immigrant

workers for a significant portion of its labor force,

and

WHEREAS, agricultural businesses desire

to hire only documented, legal immigrants, and

WHEREAS, agricultural businesses are not

equipped to verify the legitimacy of documents

presented by potential employees,

THEREFORE BE IT RESOLVED, NCBA

support meaningful legislative or regulatory

immigration reform which:

1. Strengthens border security.

2. Creates a non-seasonal, temporary

worker program that ensures an

adequate workforce.

3. Provides opportunities for current

employees found to be in the U.S.

illegally to apply for legal status.

4. Instructs the Department of Homeland

Security to work with cities, counties,

and agriculture interests, including

producer members of this association,

in the implementation of any fences or

other barriers between the United

States and Mexico.

5. Commits adequate time and

appropriations by the United States

Congress and the Department of

Homeland Security to implement a

workable, expeditious, and common

sense approach to temporary visa

applications.

6. Denies access to citizenship or temporary

visa to any alien who has committed a

felony while in the United States, or

violated a court order for deportation

while legally in the United States.

7. Allows any and all undocumented

workers, regardless of their family

status, (within a reasonable amount of

time after the enactment of any reform

legislation and the implementation of

enforcement procedures and before

applying for a guest worker visa) to

conduct a “touchback” in this country,

through a consulate of their home

country and achieve temporary legal

status whereby they can reside in the

United States until they achieve full

legal status or must return to their home

country. But, any undocumented

workers who do not “touchback”

should be considered fugitives, and

deny Social Security benefits for any

fiscal quarter where those individuals

holding any visa have falsified their

identification.

8. Institutes a point system based on the

background checks and merits of the

applicant/migrant to allow applicants

the opportunity to show that their

presence in this country would be an

asset, regardless of family ties.

9. Processes first those applications for

citizenship filed prior to the

implementation of any immigration

reform legislation, after which all other

applicants should be processed in an

orderly fashion.

10. Supports English language education

programs.

11. Preempts states from adopting and

prosecuting immigration laws to avoid

regulatory duplication for employers.

BE IT FURTHER RESOLVED, NCBA

support a safe harbor from prosecution for

businesses unknowingly employing illegal workers

until the federal government develops uniform,

tamper- resistant documentation that will enable

employers to easily verify the immigration status of

prospective employees,

BE IT FURTHER RESOLVED, NCBA

support legislation that reduces penalties for

employers who have followed available guidelines

for verifying legitimacy of documents presented by

potential employees,

BE IT FURTHER RESOLVED, NCBA

oppose a mandatory E-verify program until a non-

seasonal, temporary agriculture worker program is

enacted.

AFP 5.8

2017/Renewed

H-2A or Agricultural Worker Program

Enhancements

WHEREAS, agricultural employers in the

United States face a shortage of available domestic

workers and subsequently require a dependable

source to obtain foreign workers, and

WHEREAS, the H-2A program has

functionality implications that impact the usability

of the program by all agriculture segments, and

WHEREAS, proposals to address these

implications through “AgJobs” bills has created

certain proposed inconsistencies between livestock

industries,

THEREFORE BE IT RESOLVED, NCBA

support the H-2A Program or similar agricultural

worker programs, and the streamlining of these

types of programs to better serve the agricultural

industry by ensuring that any H-2A amendments or

agricultural worker programs treat all segments of

the livestock industry fairly, and retain all “special

procedures” for occupations involved in livestock

production necessary for individual segments of the

livestock industries.

AFP 5.9

2021/Amended

Mexico Border Policy

WHEREAS, entry of illegal immigrants

from Mexico poses various safety risks for cattlemen

and their property along the U.S.-Mexico border, and

WHEREAS, ranchers in border counties are

experiencing serious damages caused by illegal

immigrant activities, and

WHEREAS, current security measures, and

funding for law enforcement assets deployed on the

U.S. – Mexico border are not sufficient to secure the

border, and

WHEREAS, the Arizona Cattle Growers’

Association has developed a “Restore Our Border”

plan, which calls for:

1. Securing the border along the

international boundary.

2. Adding sufficient personnel to secure

the border.

3. Providing the personnel with all the

modern technology and resources

necessary to enforce security at the

international boundary.

4. Enhancing civil and governmental

communications to provide full

coverage throughout the border region.

WHEREAS, achieving immediate border

security is the most important factor in protecting

U.S. citizens from illegal activity associated with

smuggling,

THEREFORE BE IT RESOLVED, NCBA

supports reimbursement of property owners for

damages caused by illegal immigrant activities.

BE IT FURTHER RESOLVED, NCBA

encourages Congress and the Department of

Homeland Security to do whatever possible to secure

the border.

6. BEEF SAFETY

AFP 6.1

2018/Amended

Irradiation

WHEREAS, irradiation technology has

been approved by the Food and Drug Administration

for use in beef processing, and the United States

Department of Agriculture (USDA) has issued

guidelines that allow for the implementation of

irradiation technology at the packer and processor

level, and

WHEREAS, irradiation is another

important tool that in combination with other

intervention strategies, such as safe food handling

techniques, will help our industry reach its goal of

providing a safe product to the consumer, and

WHEREAS, USDA has developed

regulations to allow the use of this technology for the

beef industry, and

WHEREAS, NCBA supports the use of

irradiation and other available interventions to

enhance beef safety,

THEREFORE BE IT RESOLVED, NCBA

shall work closely with the Beef Industry Food

Safety Council and others to facilitate and encourage

the implementation of irradiation technology where

appropriate in the industry.

BE IT FURTHER RESOLVED, NCBA

encourages government agencies to establish

internationally recognized terminology that more

accurately reflects new technology, such as

electronic pasteurization or ionizing pasteurization.

AFP 6.2

2018/Renewed

Cloning

WHEREAS, the U.S. Food and Drug

Administration (FDA) has released a risk assessment

on animal cloning that evaluated the health risks to

animals involved in the process of cloning and

evaluated the food consumption risks that may result

from edible products derived from individual clones

or their progeny, and

WHEREAS, the risk assessment found that

meat and milk from clones and their progeny are safe

for human consumption,

THEREFORE BE IT RESOLVED, NCBA

accepts the scientific FDA findings and recognizes

cloning technology as another assisted reproductive

technology that can be used in the beef industry.

AFP 6.3

2018/Renewed

Labeling of Safe Product

WHEREAS, the development of

technology has the potential to bring positive change

to our industry, and

WHEREAS, government and private

institutions have evaluated technologies used in the

production and the processing of livestock deemed

as safe, based on sound science,

THEREFORE BE IT RESOLVED, NCBA

opposes any government mandated attempt to label

livestock and animal products and their progeny in

order to differentiate products because of use of

technology that has been scientifically proven safe.

BE IT FURTHER RESOLVED, NCBA

continues to support the use of research and sound

science when making decisions regarding the

development of technology that can be used in the

livestock industry.

AFP 6.4

2021/Renewed

Beef Industry Commitment to Food

Safety Interventions

WHEREAS, the reduction of all food safety

pathogens continues to be a top priority for the beef

industry, and

WHEREAS, NCBA members welcome the

opportunity to work in collaboration with industry

stakeholders, government, researchers, and

international bodies, and

WHEREAS, NCBA continues to be a leader

in proactively identifying the most pressing

knowledge gaps, furthering scientific knowledge,

and finding solutions in order to continually improve

beef safety while also ensuring food security, and

WHEREAS, there is not a “silver-bullet”

for a common intervention application for pre- or

post- harvest,

THEREFORE BE IT RESOLVED, NCBA

supports the multidisciplinary approach to identify

and develop interventions along the entire food chain

to address key knowledge hurdles and develop

targeted solutions.

BE IT FURTHER RESOLVED, NCBA

supports a collaborative approach to extensive

research to ensure that intervention applications are

science-based and designed for industry application.

BE IT FURTHER RESOLVED, NCBA

supports educational initiatives developed to assist

the industry in making informed decisions when new

intervention technologies become commercially

available.

AFP 6.5

2021/Renewed

Beef Industry Commitment to Reduce Foodborne

Pathogens

WHEREAS, O157:H7 and non-O157 shiga

toxin-producing E. coli and other foodborne

pathogens have been associated with serious public

health problems in humans, and

WHEREAS, the cattle and beef industry is

committed to prevent and eliminate the

presence of all pathogenic bacteria capable of

increasing the burden on public health,

THEREFORE BE IT RESOLVED, NCBA

reaffirms its commitment to further reduce the risks

associated with pathogenic shiga toxin-producing E.

coli utilizing scientifically proven production

practices and technologies, and its goal to produce,

deliver, and serve wholesome and safe beef for each

and every family.

BE IT FURTHER RESOLVED, NCBA

shall continue to work with all segments of the beef

industry and government to pursue interventions

and/or practices that will reduce the prevalence of

pathogenic bacteria throughout the beef industry and

seek the necessary regulatory approvals and

implementation across the industry.

BE IT FURTHER RESOLVED, NCBA

strongly supports funding from the public and

private sectors for research to establish prevalence

and incidence of pathogenic bacteria that produce

toxins with human health consequences.

BE IT FURTHER RESOLVED, NCBA

supports research, in conjunction with risk

assessment, being utilized to develop strategies to

minimize the risk of human exposure from all

pathogenic bacteria capable of increasing the burden

on public health.

AFP 6.6

2020/Renewed

Genetically Engineered or Modified Organisms

Labeling

WHEREAS, genetically engineered or

modified organisms with regulatory approval have

been proven to be scientifically safe, and

WHEREAS, the genetically engineered or

modified organisms technology has provided

efficiencies for agriculture,

THEREFORE BE IT RESOLVED, NCBA

opposes the government mandated labeling of meat

products as genetically engineered or modified solely

because the livestock consumed plants, feed, or

nutrients derived from genetically engineered or

modified plants.

7. INSPECTION

AFP 7.1

2021/Renewed

Imported Meat Inspection Equivalency

WHEREAS, standards of meat inspection in

foreign plants exporting meat to the U.S. are required

by law to be equivalent to U.S. meat inspection

standards,

THEREFORE BE IT RESOLVED,

slaughter, processing, and transporting facilities that

handle foreign meats for importation to the U.S. shall

be subject to equivalent inspection and sanitation

requirements applicable to federally inspected plants

in the US..

BE IT FURTHER RESOLVED, imported

meat shall be subject to the same restrictions as

domestically produced meat with respect to feed

additives, antibiotics, pesticides, biological hazards,

and other chemicals.

BE IT FURTHER RESOLVED, NCBA

shall periodically review the current FSIS foreign

meat inspection programs at ports of entry. This

review should include an analysis of

antibiotic/chemical residue testing protocols and

evaluation of microbiological profiles of imported

products.

BE IT FURTHER RESOLVED, FSIS shall

provide an annual report to the public of efforts to

ensure the equivalency of foreign meat inspection

systems.

AFP 7.2

2020/Amended

Domestic Meat Inspection System

WHEREAS, NCBA is committed to

meeting consumer expectations in producing and

delivering a safe and wholesome beef supply, and

WHEREAS, NCBA supports inspection to

the extent necessary to assure that all meat entering

commercial and government channels is wholesome

and processed and distributed under sanitary

conditions, and

WHEREAS, mandated federal programs

should be all inclusive to maximize the interest of

public protection by including all animal protein

industries equally in the inspection process,

THEREFORE BE IT RESOLVED, NCBA

supports an inspection system that:

1. Includes all animal protein industries to

include meat, poultry, and fish.

2. Eliminates economic inequities between

species in the inspection process.

3. Uses a Hazard Analysis Critical Control

Point-based inspection program based

on scientific principles that extends

through the food distribution system.

4. Remains under authority and

jurisdiction of USDA with public

funding.

5. Maintains third party intervention to

detect and remove individual diseased

animals or parts from the food chain.

6. Classifies all food-borne pathogens

using a risk- assessment model.

7. Adopts a single federal-state inspection

stamp or legend for use on federally

inspected meat and meat inspected

under “equivalent to” state programs.

8. Designates the meat inspected under

state programs as being “equivalent to”

federal standards and be accorded the

same freedom of movement in interstate

commerce as is accorded meat imported

into the U.S. from foreign countries.

9. Ensures state inspected meat does not

enter the export market unless specified

as acceptable in trade agreements.

10. Provides the Secretary of Agriculture

the discretion to determine the

appropriate level of inspection,

including increasing inspection during

an investigation and/or legal

proceedings, in order to assure that meat

produced is of wholesome quality.

11. Affords due process to all parties

involved in any investigation of

improper meat production and all

investigations be handled in a prompt

and fair manner.

AFP 7.3

2021/Renewed

FSIS National Residue Monitoring Program

WHEREAS, consumer confidence in beef is

a critical issue for the cattle industry, and

WHEREAS, chemical residues are an

important factor influencing consumer attitudes,

THEREFORE BE IT RESOLVED, NCBA

strongly encourages FSIS to maintain or improve the

specificity and sensitivity of the present level of

testing in the National Residue Monitoring Program,

and to develop a risk-based chemical residue

monitoring program.

BE IT FURTHER RESOLVED, NCBA

encourages FSIS to make the results of the National

Residue Monitoring Program available on a timely

basis.

8. NUTRITION & HEALTH

AFP 8.1

2021/Renewed

Nutrition & Health Statement of Principles

BE IT RESOLVED, NCBA adopt the

following statement of principles for nutrition and

health issues:

Introduction:

As producers, processors, and marketers of

the nation’s beef supply, we are committed to

providing a wholesome, nutritious food, and to

communicating accurate information about beef's

nutritional qualities and the role of beef in a healthful

diet. We pledge to use the following principles to

guide our actions and communications about beef in

regard to nutrition and health.

Principles:

1. We will provide factual, scientifically

supported information about beef to

help consumers make informed choices

about what they eat.

2. We support the Dietary Guidelines for

Americans recognizing that there are a

variety of ways to achieve a healthy

diet, and further, we believe that the

overwhelming scientific evidence

shows that dietary balance, variety, and

moderation coupled with appropriate

physical activity provides the

foundation for a healthful life.

3. We are committed to conducting and

participating in programs to actively

disseminate accurate information about

the nutritional advantages of beef in a

healthful and balanced diet and

lifestyle.

4. We recognize the important role of

health professionals and nutrition

educators in providing nutrition

information and are committed to

working with them and their

professional organizations to

communicate accurate information

about nutrition and health.

5. We believe that dietary balance,

variety, moderation, and physical

activity are the keys to health, and we

also encourage individuals with

specific health concerns that require

dietary modification to consult a

physician followed by nutrition

counseling from a Registered

Dietitian/Nutritionist.

6. We support research on the nutritional

qualities of beef and will accurately

communicate research findings to help

consumers make informed decisions

about their diet.

7. We recognize that consumers want

foods that are good tasting and

convenient as well as nutritious and

will support research to provide beef

products that meet these consumer

demands.

AFP 8.2

2021/Renewed

Nutrient and Food Consumption Survey

WHEREAS, USDA has always had the

primary responsibility for nutrient and food

consumption data collection, and

WHEREAS, other government agencies

and private sector groups are also doing nutrient and

food consumption surveys, and

WHEREAS, nutrient and food consumption

data influence the scientific and consumer

perception of beef’s role in the diet, and

WHEREAS, the Nutrition Monitoring Act

of 1990 requires more harmony among government

agencies in surveying food consumption and nutrient

intake,

THEREFORE BE IT RESOLVED, NCBA

advocates the primary responsibility of food

consumption and nutrient intake data collection

remain at the USDA.

AFP 8.3

2021/Renewed

USDA National Nutrient Database for Standard

Reference

WHEREAS, the beef checkoff has

collaborated with USDA to update the database on

the nutrient content of beef as compiled in the USDA

National Nutrient Database for Standard Reference,

and

WHEREAS, data in the USDA National

Nutrient Database for Standard Reference reflects

the current nutrient values of many popular retail

beef cuts, and

WHEREAS, current values more accurately

reflect today’s leaner, trimmer beef, which is

significantly lower in fat and cholesterol, and

WHEREAS, the current release also

includes outdated information and nutrient values of

many cuts no longer popular at retail and no longer

reflective of consumer eating habits, and

WHEREAS, there remain some cuts of beef

not reflected in the current data, and

WHEREAS, there is inconsistency of

nutrient data representation across protein species,

THEREFORE BE IT RESOLVED, NCBA

shall collaborate with USDA to update the database

with popular beef cut data reflecting consumer eating

habits, and encourages the use of current data by

other government agencies and other groups issuing

dietary recommendations with regard to beef.

BE IT FURTHER RESOLVED, NCBA

encourages USDA to represent data fairly and

consistently across protein species in the database.

AFP 8.4

2021/Amended

Imitation and Substitute Products

BE IT RESOLVED, in the interest of not

misleading consumers, NCBA takes the position that

manufacturers and distributors of non-beef products

or other products designed to imitate or substitute for

beef and beef products should be prohibited in

product promotion, advertising, or labeling from

using pictures or pictorial facsimiles of beef and beef

products, and from using names of natural beef and

beef products or terms directly associated by the

consumer with the natural products.

AFP 8.5

2021/Amended

Dietary Recommendation Issues

WHEREAS, government-funded agencies

and health organizations continue to issue dietary

guidelines to promote health and are influencing

food choices, and

WHEREAS, beef—with its high nutrient

density—makes an important nutrient contribution

to a variety of healthy dietary patterns,

THEREFORE BE IT RESOLVED, NCBA:

1. Encourage USDA to frequently update

and disseminate factual information

based on sound science on the nutrient

composition of the various beef cuts,

information which includes data on the

actual content of fat, saturated fat,

cholesterol, and other essential

nutrients in cooked beef cuts.

2. Encourage government agencies and

health organizations to disseminate

information on the actual nutrient

content of beef, showing that numerous

cuts of beef can be part of

recommended healthy dietary patterns.

3. Encourage government agencies and

health organizations to recognize and

point out in their information programs

the role of beef in sound nutrition

education programs.

4. Work with other organizations to

continue to effectively inform health

professionals and other nutrition

information sources, including the

news media, and with members of the

food industries, in order to gain wider

awareness of beef’s actual nutrient

density and its important role in

providing essential nutrients in diets.

5. Encourage continued research on

beef’s role in nutrition, diet, and health.

AFP 8.6

2019/Renewed

Vegetable Protein Enhanced Products

WHEREAS, beef is a highly nutritious

commodity distributed through the government

feeding programs, and

WHEREAS, USDA currently allows a

maximum of 30 percent (by weight) “vegetable

protein” in meat products in the government feeding

programs, and

WHEREAS, processors manufacture beef

products to comply with the requirements set forth by

USDA for use in the government feeding programs,

and

WHEREAS, foods served in the government

feeding programs make a lifelong impression on

consumers of those products, and

WHEREAS, the addition of “vegetable

protein” to beef products may enable program

directors and consumers to serve more beef while

meeting economic and nutrition requirements, as

presented in the Dietary Guidelines for Americans,

THEREFORE BE IT RESOLVED, NCBA

does not approve of the addition of “vegetable

protein” into beef products unless:

• Demand for beef products is increased.

• “Vegetable protein” does not account

for greater than 30 percent (by weight)

of meat products and is not used as a

substitute for meat/meat alternative

products within the government feeding

programs.

• “Vegetable protein” enhanced meat

products are sold in commercially

prepared forms that meet the standards-

of-identity as developed by USDA in

order to assure quality, safety,

consistency, and consumer

acceptability.

• Beef products containing “vegetable

protein” are visibly labeled and

presented to consumers in a non-

misleading way.

CATTLE HEALTH AND WELL BEING COMMITTEE

Mary Ann Kniebel, KS – Chair Tom Portillo, DVM, TX – Vice Chair

Dr. Kathy Simmons & Chase De Coite, Staff

1 ANIMAL CARE

1.1 2017 Non-Ambulatory Livestock

1.2 2020 Animal Production Practices

1.3 2019 Animal Care

1.4 2017 Livestock Management & Animal

Health and Well-Being standards

1.5 2019 Beef Quality Assurance

1.6 2019 Beef Quality Assurance Auditing

1.7 2017 Layover of Livestock

2 BRUCELLOSIS

2.1 2020 Brucellosis

2.2 2020 Swine Brucellosis Infection in Cattle

2.3 2017 Brucellosis – Select Agent

3 DRUGS AND BIOLOGICS

3.1 2017 Pests – Ticks

3.2 2019 Regulation and Use of Biologicals

3.3 2020 New Pesticides

3.4 2021 Fluoroquinolone Use

3.5 2021 Illegal Drug Use

3.6 2021 Harmonization of Biologic

Manufacturing

3.7 2021 Drug Compounding Policy Statement

3.8 2017 Animal Drugs, Biologic & Feed

Additives

3.9 2017 Residues in Imported Meat

3.10 2017 Judicious Use of Antibiotics and

Drugs

3.11 2021 Pharmaceutical Labeling/Approval

3.12 2021 Polyether Ionophores

3.13 2017 Selenium Supplementation Needs for

Healthy Cattle

3.14 2020 Ensure Producer Access to Antibiotics

for Cattle Health

4 FOREIGN ANIMAL DISEASES

4.1 2017 Screwworm Eradication and U.S.

Screwworm Control Program

4.2 2021 Vesicular Stomatitis

4.3 2017 Bovine Spongiform Encephalopathy

(BSE)

4.4 2020 Invasive Animal Pests

4.5 2021 Tropical Bont Tick: Rise of Acute

Bovine Dermatophilosis and

Heartwater Introduction to the United

States

4.6 2017 Protection of Integrity of Fetal Calf

Serum through International

Biosecurity

4.7 2019 Protection from Foreign Animal

Diseases

4.8 2021 Asian Longhorned Tick

5 JOHNE’S DISEASE

5.1 2018 Johne’s Disease Support After

Termination of USDA-APHIS

Johne’s Disease Program

5.2 2018 Integrated Disease Research

6 TUBERCULOSIS

6.1 2017 Tuberculosis (TB)

6.2 2019 Tuberculosis Health Regulations for

Sport Cattle or Timed Event Cattle

6.3 2018 Bovine Tuberculosis Funding

6.4 2018 Change of Bovine Tuberculosis Status

6.5 2019 Tuberculosis Eradication

7 USDA-APHIS

7.1 2020 Diseases – Inter-American Highway

7.2 2021 Foot-and-Mouth-Disease Eradication

7.3 2017 Diseases – Emergency Management

Planning

7.4 2020 USDA, APHIS Authority

7.5 2017 Wildlife and Exotic Game Animal

Research

7.6 2019 U.S./Canadian Animal Disease

Control

7.7 2017 Indemnity

8 GENERAL

8.1 2020 Stolen Cattle

8.2 2020 Cooperation with Veterinary Groups

8.3 2020 Veterinarian Training

8.4 2020 Animal Health – Federal Funding

Priorities

8.5 2018 Disclosure of BVD PI Animals

8.6 2017 Veterinary College Programs

8.7 2018 Border Security: Theft and Health

Emergency

8.8 2020 Livestock Biosecurity Education and

Planning

8.9 2021 Food Animal Veterinarian

8.10 2018 Bovine Leukosis Vaccine

8.11 2018 Arthropod Borne Animal Disease

Research Unit (ABADRU) Support

8.12 2017 Alternative Feedstuffs

8.13 2021 Support of Food Animal Residue

Avoidance Database (FARAD)

8.14 2018 Fly Impact

8.15 2020 Biosecurity Education

8.16 2021 Support of Safety Standards for Feed

and Feed Ingredients

8.17 2017 Greater Yellowstone Area Bison

Relocation

8.18 2019 Fescue Research

8.19 2019 Support for the World Organization

for Animal Health and Codex

8.20 2018 Biotechnology in Cattle

9 ANIMAL DISEASE RESEARCH

9.1 2020 Cryptosporidiosis

9.2 2019 Bovine Leukosis Virus (BLV)

9.3 2017 Use of Animals for Research Purposes

9.4 2019 USDA Research Funding for

Neospora caninum and Nematode

Research

9.5 2019 USDA Research Funding for EBA

Research

9.6 2019 National Animal Disease Center and

National Veterinary Services

Laboratory Funding

9.7 2021 Anti-Tick Vaccine Research

9.8 2017 Chronic Wasting Disease Eradication

9.9 2018 Foot-and-Mouth-Disease Control

9.10 2017 Trichomoniasis Control

9.11 2021 Testing for Trichomoniasis

9.12 2018 Support for Research on Controlling

Foot-and-Mouth-Disease outbreaks by

Methods Other Than Depopulation

9.13 2018 Support for the Midwest Insect

Research Laboratory (Lincoln, NE)

9.14 2018 Kerrville Research Lab Funding

9.15 2017 Regional Veterinary Diagnostic

Laboratory Capacity

9.16 2019 Bovine Viral Diarrhea Virus

Education and Research Support

9.17 2019 Bovine Viral Diarrhea Virus

International Biosecurity

9.18 2018 Animal Disease Research Funding

9.19 2019 Bovine Congestive Heart Disease

10 ANIMAL ID/DISEASE TRACEABILITY

10.1 2018 Development of Protocols for

Regionalization

10.2 2017 Identification of Imported Cattle

10.3 2018 Support for Enhanced Disease

Traceability Systems

10.4 2017 Enhancements to Animal Disease

Traceability (ADT)

10.5 2020 Support for U.S. Cattle Trace

1. ANIMAL CARE

CH 1.1

2017/Amended

Non-Ambulatory Livestock

WHEREAS, livestock producers are vitally

interested in the well-being of the animals in their

charge, and

WHEREAS, producers make every effort to

obtain veterinary care for animals that are sick or

injured, and

WHEREAS, despite all precautions, some

animals may become non-ambulatory, and

WHEREAS, cattle producers are committed

to ensuring that all cattle are treated humanely,

THEREFORE BE IT RESOLVED, NCBA

supports policies to prohibit the transport and harvest

of non-ambulatory cattle for the commercial food

supply,

BE IT FURTHER RESOLVED, NCBA shall

work with the United States Department of

Agriculture’s Animal and Plant Health Inspection

Service (USDA-APHIS) and other appropriate

partners, such as the rendering industry and livestock

markets, to develop incentives to facilitate the

surveillance of non-ambulatory animals for BSE and

other important diseases,

BE IT FURTHER RESOLVED, NCBA will

also work with these partners to ensure the financially

and environmentally sound disposal of such animals.

CH 1.2

2020/Renewed

Animal Production Practices

WHEREAS, on occasion the industry is

faced with issues where an individual has not

conducted themselves or their businesses in keeping

with industry standards for recognized business and

livestock management practices, and

WHEREAS, all beef producers bear the brunt

of regulatory action and public ill-will over the

misguided and inappropriate action of some producers

and the lack of effective oversight from agencies

responsible for enforcing producer-supported humane

handling regulations,

THEREFORE BE IT RESOLVED, NCBA

will educate producers and calls upon all sectors of the

beef industry to follow commonly accepted industry

livestock and business management practices in

animal health and care.

BE IT FURTHER RESOLVED, NCBA shall

not be compelled to defend anyone in beef cattle

production who has clearly acted to abuse livestock or

has neglected clear animal health needs.

BE IT FURTHER RESOLVED, NCBA may

determine that the best interest of cattle producers is

served by supporting action from appropriate local,

state, or federal agencies against those who abuse

livestock or regulators who are negligent in enforcing

laws regarding humane harvest.

CH 1.3

2019/Renewed

Animal Care

WHEREAS, farmers and ranchers have long

been concerned with the welfare of livestock,

recognizing that good animal health, care, production

and handling practices are essential to efficient and

profitable production,

THEREFORE BE IT RESOLVED, for

reasons of clarification, NCBA recognizes the

following definitions:

• Animal Welfare: the reasonable care of all

animals, i.e. good animal husbandry

practices.

• Animal Rights: a position taken by those

who believe that animals have legal and

moral rights similar to humans.

BE IT FURTHER RESOLVED, NCBA

monitors the animal rights issue if it develops in the

courts and in Congress and takes appropriate action

when necessary.

CH 1.4

2017/Renewed

Livestock Management & Animal Health and

Well-Being Standards

WHEREAS, NCBA believes it is the

responsibility of each cattle producer to manage

livestock in a humane manner, and

WHEREAS, NCBA also believes in the right

of each individual cattle producer to identify and

exercise the animal care practices that are most

appropriate for his or her operation, and

WHEREAS, cattle production practices in

use today are necessary to meet identification, beef

quality, food safety, and animal health and well-being

purposes for cattle producers,

THEREFORE BE IT RESOLVED, NCBA

support additional research to identify and test

alternative cattle production practices that maintain

the highest standards for animal health and well-being

without resulting in additional costs to producers,

losses in production, or mandates of specific animal

handling practices,

BE IT FURTHER RESOLVED, NCBA

encourage other cattle industry groups to also support

and help fund such projects to make additional options

available to the nation’s cattle producers.

CH 1.5

2019/Renewed

Beef Quality Assurance

WHEREAS, the national Beef Quality

Assurance (BQA) program is a vital educational

program which trains and tests cattle producers on the

use of guidelines in responsible cattle production in

order to protect the welfare of our cattle, enhance the

safety of beef, and grow the consumer’s confidence in

our industry, and

WHEREAS, proactive use of BQA programs

and training provides the skills which will help protect

the viability of our industry for future generations, and

WHEREAS, a strong BQA program,

available to all producers, will provide cattlemen and

the beef industry with a strengthened position to

demonstrate our commitment to the safety and quality

of beef, in addition to the health and care of our cattle,

and

WHEREAS, cattlemen and the beef industry

have experience with BQA assessment tools and

recognize this assessment process must be dynamic to

meet the beef industry's needs,

THEREFORE BE IT RESOLVED, NCBA

encourage cattle producers, all other segments of the

beef industry, and consumers to recognize BQA

programs and guidelines as the industry foundation for

beef quality, beef safety, and cattle care and handling.

CH 1.6

2019/Renewed

Beef Quality Assurance (BQA) Auditing

WHEREAS, the beef industry is moving

towards third party audit systems that potentially could

have varying audit points, and

WHEREAS, beef producers are expected to

keep written records for the audit process and cannot

be tied to multiple record systems,

THEREFORE BE IT RESOLVED, NCBA

work towards utilizing the current Beef Quality

Assurance assessments for such third party audits.

CH 1.7

2017/Amended

Layover of Livestock

WHEREAS, livestock producers are

interested in the well-being of their animals during

transportation,

THEREFORE BE IT RESOLVED, NCBA

opposes any policy on enforcement of extended

layovers of livestock on trailers due to transportation

regulations, and support hours of service extension to

allow for cattle to be transported to a facility where

they may receive proper care, feed, and water.

2. BRUCELLOSIS

CH 2.1

2020/Amended

Brucellosis

WHEREAS, Brucellosis is a major concern

to the United States (U.S.) cattle industry, and

WHEREAS, United States Department of

Agriculture, Animal and Plant Health Inspection

Service, Veterinary Services (USDA, APHIS, VS) has

reviewed the progress of the National Brucellosis

Eradication Program and is taking steps to propose a

rule to make the program more efficient and to

modernize the program’s regulatory framework, and

WHEREAS, brucellosis prevalence in the

Greater Yellowstone Area’s bison and elk is

considered to be the reservoir for brucellosis, putting

the U.S. cattle herd at risk,

THEREFORE BE IT RESOLVED, NCBA

will pursue priorities and strategies regarding both the

modification of the National Brucellosis Eradication

Program and the eradication of brucellosis from the

Greater Yellowstone Area.

BE IT FURTHER RESOLVED, NCBA will

support granting USDA, APHIS, VS clear authority

over federal efforts to control and eradicate brucellosis

in all species in which the disease is found.

CH 2.2

2020/Renewed

Swine Brucellosis Infection in Cattle

WHEREAS, swine brucellosis (Brucella

suis) is an infectious disease of swine that can also

affect humans and cattle, and

WHEREAS, swine brucellosis is endemic in

feral swine populations, and

WHEREAS, swine brucellosis infection in

cattle causes economic losses to the beef industry, and

WHEREAS, swine brucellosis infection in

cattle can interfere with the interpretation of serologic

(blood) tests used to diagnose Brucella abortus (cattle

brucellosis) in the cattle population,

THEREFORE BE IT RESOLVED, NCBA

supports increased research on the swine brucellosis

infection in cattle, to develop differentiating serologic

tests, develop effective vaccines for cattle, and better

control mechanisms for the disease.

CH 2.3

2017/Renewed

Brucellosis – Select Agent

WHEREAS, U.S. Homeland Security has

designated Brucella abortus as a Select Agent that

could be utilized as a weapon of bioterrorism, and

WHEREAS, this designation limits the

ability to conduct challenge studies of potential

brucellosis vaccines, and

WHEREAS, challenge studies are an

essential step in the development of new or enhanced

vaccines to control brucellosis in cattle and wildlife in

the Greater Yellowstone Area, and

WHEREAS, the risk of Brucella abortus

being used as an effective weapon of bioterrorism is

extremely low, and

WHEREAS, Brucella abortus and other

virulent Brucella species are readily available in

nature,

THEREFORE BE IT RESOLVED, NCBA

support removal of Brucella abortus from the Select

Agent list,

BE IT FURTHER RESOLVED, NCBA

continue to support and pursue funding for brucellosis

research.

3. DRUGS AND BIOLOGICS

CH 3.1

2017/Amended

Pests—Ticks

Part I— Coordination

WHEREAS, ticks enter the United States

(U.S.) periodically from other countries and cause a

threat to cattle and wildlife by possible disease

transmission, and

WHEREAS, these diseases could cause great

economic hardships to agriculture and inhibit foreign

trade, and

WHEREAS, systematically treating cattle is

the most effective means of eradicating Cattle Fever

Ticks from a premises,

THEREFORE BE IT RESOLVED, NCBA

encourages the United States Department of

Agriculture (USDA) and all other agencies to work

closely with foreign governments, including frequent

interchanges of information and technicians between

countries, so that the prevention/eradication efforts

and elimination of ticks from all animals being

exported can be coordinated with the

prevention/eradication program in the U.S.,

BE IT FURTHER RESOLVED, NCBA

strongly supports greater flexibility of the Designated

Fever Tick Epidemiologist to develop an attainable

herd management plan to prevent cattle from being

vacated from a premises.

Part II—Research

WHEREAS, acaricides have been used

successfully to eradicate cattle fever ticks from the

U.S., and

WHEREAS, a limited number of acaricides

are still in use in order to prevent reinvasion of Cattle

Fever Ticks and are used to eliminate cattle ticks found

on cattle in the U.S., and

WHEREAS, there is scientific evidence that

Cattle Fever Ticks in Mexico and Southern Texas,

have become resistant to many commonly used

acaricides,

THEREFORE BE IT RESOLVED, NCBA

urges that the Animal and Plant Health Inspection

Service (APHIS), and the Department of Interior, U.S.

Fish and Wildlife Service take all necessary measures

to prevent the introduction of ticks into the U.S. and

that USDA, Agricultural Research Service (ARS)

undertake accelerated research to mitigate the threat of

acaricide resistance by conducting research aimed at

developing alternate materials, methods, and

techniques to control resistant strains of cattle ticks,

BE IT FURTHER RESOLVED, NCBA

works in concert with the United States Animal Health

Association and APHIS to enhance the surveillance

program for the Cattle Fever Tick as well as an

emergency response plan in the event ticks or tick

borne disease is introduced into the U.S.,

BE IT FURTHER RESOLVED, NCBA

acknowledges the research initiatives of the Knipling-

Bushland U.S. Livestock Insects Research Laboratory

and supports continued research in pesticide

resistance, development of technology to control

populations of Cattle Fever Ticks maintained and

distributed by ungulate wildlife and development of

alternative methods to reduce reliance on coumaphos

and doramectin as the only form of chemical controls

of specific insect and tick vectors,

BE IT FURTHER RESOLVED, NCBA

strongly supports the construction of new laboratory

facilities to replace the World War II era buildings

currently used.

Part III – Funding

WHEREAS, the National Cattle Fever Tick

Eradication program was initiated in 1906 and was

initially funded by Congress in 1907 as a cooperative

federal/state/industry disease and pest eradication

effort, and

WHEREAS, a permanent quarantine zone

was established along the Texas side of the Rio Grande

in 1938 to prevent re-establishment of Cattle Fever

Ticks from Mexico in Texas, and

WHEREAS, Cattle Fever Ticks were

eradicated from all 14 states that comprised the fever

tick’s historical range and were pushed across the Rio

Grande by 1943, and

WHEREAS, since 1943 the Permanent Fever

Tick Quarantine Zone has been maintained by the

cooperative efforts of the Texas Animal Health

Commission and USDA-APHIS, Veterinary Services,

and

WHEREAS, the Cattle Fever Tick

Eradication Program has been habitually under-staffed

and under-funded, while the level of tick infestations

is trending upward and tick incursions from Mexico

are increasing, resulting in a historical high number of

infested premises since 2004, and

WHEREAS, the increasing occurrence of

acaricide resistant ticks in Mexico and the

identification of some acaricide resistant ticks in

Texas, and the increasing role of wildlife hosts

(especially white-tailed deer, red deer, nilgai, and

other exotic ungulates) in the spread and maintenance

of fever ticks in Texas are of great concern, and

WHEREAS, recent Cattle Fever Tick

outbreaks have occurred in the free area portion of

several South Texas counties since November 2016

and has resulted in a significantly increased number of

Cattle Fever Tick infested premises outside the

Permanent Fever Tick Quarantine Zone , resulting in

over a million acres of the formerly free areas of South

Texas under Cattle Fever Tick quarantine and

requiring many millions of dollars in resources to

cover the costs of the increase in human and fiscal

resources needed to contain and eliminate the Cattle

Fever Tick outbreak, and

WHEREAS, if Cattle Fever Tick outbreaks

are not systematically contained and eliminated in

South Texas, the entire historic range of the Cattle

Fever Tick is in jeopardy for the potential

reintroduction of fever ticks, which in turn could cause

outbreaks of Cattle Tick Fever, resulting in large

numbers of cattle being lost to the disease and costing

hundreds of millions of dollars in economic impact to

affected areas, and billions of dollars on a national

scale,

THEREFORE BE IT RESOLVED, NCBA

urges USDA, the Office of Management and Budget,

and Congress to immediately provide funding needed

to cover the costs associated with elimination of Cattle

Fever Ticks from the outbreak areas of Texas, and

other states if needed,

BE IT FURTHER RESOLVED, NCBA urges

Congress to provide to the Agricultural Research

Service funding for research and development of novel

acaricides and anti-tick vaccines for fever tick control

on wildlife hosts and on livestock, to identify

mitigation strategies, like that Veterinary Pest

Genomics Center, that could aid in control of fever

ticks, to develop advanced methods for prevention and

eradication of Cattle Fever Ticks, and to improve

management of diseases related to Cattle Fever Ticks

that are associated with wildlife and livestock.

CH 3.2

2019/Renewed

Regulation and Use of Biologicals

WHEREAS, United States Department of

Agriculture (USDA) regulates the manufacturing of

animal biologics,

THEREFORE BE IT RESOLVED, NCBA

works to maintain regulatory authority of animal

biologics within the USDA.

BE IT FURTHER RESOLVED, NCBA

urges USDA to negotiate agreements of understanding

with states to continue state regulation of intrastate

biological manufacturing.

BE IT FURTHER RESOLVED, NCBA

opposes any changes of laws or regulations which

would restrict the present access and/or availability of

animal biologics, except when the changes are

supported by clear scientific evidence done on relevant

species.

CH 3.3

2020/Renewed

New Pesticides

WHEREAS, the United States Department of

Agriculture, Agricultural Research Service (USDA,

ARS) has the personnel, facilities, and expertise to

develop alternative control technologies, and

WHEREAS, the control of ticks, flies, lice,

internal parasites and other pests is necessary to

maintain animal health, and

WHEREAS, the future of dip vat use and pest

resistance to pyrethroid and organophosphate

insecticides is uncertain,

THEREFORE BE IT RESOLVED, NCBA

recognizes the importance of adequate pest control

technology and NCBA supports the need for the

USDA, ARS and the chemical industry to attach a high

priority to research and develop new insecticides and

alternative tick eradicators to include the development

of technology for the control of ticks on all animals

including wildlife, reptiles, exotic, and endangered

species.

BE IT FURTHER RESOLVED, NCBA

encourages research, extension education, and

industry participation to implement the use of

available control strategies designed to prolong the use

of currently registered materials.

CH 3.4

2021/Amended

Fluoroquinolone Use

WHEREAS, FDA has approved the use of

fluoroquinolone in beef cattle for respiratory disease,

and

WHEREAS, NCBA’s BQA programs

encourage the cooperation of veterinarians,

nutritionists, and the pharmaceutical industry,

THEREFORE BE IT RESOLVED, NCBA

recognizes and endorses the FDA regulations for

fluoroquinolone use which clearly prohibit the extra

label use of this class of antibiotics.

CH 3.5

2021/Amended

Illegal Drug Use

WHEREAS, NCBA supports an active BQA

program, and

WHEREAS, NCBA has repeatedly opposed

illegal or improper use of pharmaceuticals or

biologicals in cattle, and

WHEREAS, there have been reported

incidences of deliberate misuse of such products,

THEREFORE BE IT RESOLVED, NCBA

supports aggressive control and prosecution of

suppliers and/or users of illegal products.

CH 3.6

2021/Renewed

Harmonization of Biologic Manufacturing

WHEREAS, the World Trade Organization

(WTO) calls for the harmonization of production,

regulation, and policy of veterinary biologic

manufacturing, and

WHEREAS, the USDA-APHIS Code of

Federal Regulations (CFR) has shown itself to be

adequate and effective for the regulation of production

of biologics within the U.S., and

WHEREAS, adopting European Union (EU)

style regulations would result in restricted availability

and significant increases or in product cost for

producers,

THEREFORE BE IT RESOLVED, NCBA

supports USDA-APHIS 9 CFR as the regulatory

mechanism controlling the production and marketing

of veterinary biologics in the U.S.

BE IT FURTHER RESOLVED, NCBA

opposes adoption of the European system, and

harmonization with the EU under the General

Agreement on Tariffs and Trade should be

accomplished via mutual recognition basis

equivalence as evaluated by scientific methods.

CH 3.7

2021/Renewed

Drug Compounding Policy Statement

WHEREAS, NCBA recognizes that in some

situations veterinarians need to use their professional

training to compound therapeutic products from bulk

materials to provide adequate animal care for cattle

producers,

THEREFORE BE IT RESOLVED, to

maintain integrity of the cattle and beef industry and

the wholesome reputation of beef, drug compounding

should be utilized only in very limited situations, such

as antidotes and some euthanasia products, in order to

better control the risks of the residue violations that

could occur from the use of such products.

CH 3.8

2017/Amended

Animal Drugs, Biologic & Feed Additives

Part I

WHEREAS, the use of chemicals is

necessary for adequate and economical agricultural

production, and

WHEREAS, feed additives, growth

promotants, drugs, and pesticides are necessary tools

for the efficient production of livestock, and

WHEREAS, unnecessary delays in approval

of new products deprive the livestock industry and

consumers of this increased efficiency of production,

and

WHEREAS, the continued regulatory

pressure upon proven products already in use threatens

their future use and influences consumer perception of

beef,

THEREFORE BE IT RESOLVED, NCBA

supports a clear, logical, and scientifically sound

procedure for clearance of new products,

BE IT FURTHER RESOLVED, NCBA shall

take any responsible action necessary to prevent the

restriction of proven available products until such time

as scientific evidence and sound judgment proves the

product unsafe for use in food animals,

BE IT FURTHER RESOLVED, NCBA

insists that the Food and Drug Administration (FDA)

follow proper rulemaking regulatory changes affecting

the cattle industry.

Part II

WHEREAS, the determination of whether or

not a given substance is allowed to be fed or otherwise

administered to food-producing animals should be

based on appropriate scientific investigation and tests,

rather than on the degree of refinement of the detection

devices and procedures utilized, which is the case

under “zero tolerance” provisions, and

WHEREAS, NCBA supports the concept of

setting safe and realistic residue tolerance levels

determined by appropriate scientific investigation and

tests, and

WHEREAS, NCBA believes that animal

drugs and feed additives can be used by the beef

industry in producing safe and wholesome meat

products for the consuming public,

THEREFORE BE IT RESOLVED, NCBA

shall aggressively work with Congress for proper food

safety legislation, requiring Food and Drug

Administration tolerance levels, which will more

reasonably guide regulatory policy.

Part III

WHEREAS, NCBA has repeatedly

recognized the responsibility of industry members for

the proper use of all livestock chemicals, drugs, and

feed additives,

THEREFORE BE IT RESOLVED, NCBA

urges all livestock producers to closely follow

instructions and withdrawal times to demonstrate

conclusively to both government agencies and

consumers that all drugs and feed additives

administered or fed to meat animals have been used in

conformity with dosage directions, requirements, and

withdrawal periods.

Part IV

WHEREAS, FDA has implemented

regulations affecting mixers of medicated feeds, and

WHEREAS, the basic concept for regulating

medicated feed production is to prevent residues in

animal products, and

WHEREAS, the livestock mixer-feeder has

the responsibility to keep unsafe residues out of the

animal products they produce, and

WHEREAS, FDA proposes to regulate

mixer-feeders on the same basis as commercial feed

mills selling feed into commerce,

THEREFORE BE IT RESOLVED, NCBA

aggressively:

1. Insist that FDA recognize that livestock

mixer-feeders are in the business of

producing food animals, not selling feed

for further distribution like commercial

feed manufacturers.

2. Support a simplified medicated feeds

regulatory system for mixer-feeders

which is separate and apart from the

regulatory system governing

commercial feed manufacturers.

3. Pursue food safety legislation which

would eliminate FDA’s double

regulation which requires approval of

the same conditions of the use twice,

once by the drug manufacturer and again

by the user of the drug in feed.

4. Support the National Mixer Feeder

Association objective to represent

mixer-feeders of all animal species in a

united effort to aggressively pursue a

simplified FDA regulatory system for

mixer-feeders which treats all mixer-

feeders equally and is separate and apart

from the regulatory system governing

commercial feed manufacturers.

CH 3.9

2017/Renewed

Residues in Imported Meat

WHEREAS, the marketing of red meat

produced with the aid of unapproved products may

create an unfair competitive advantage from imported

meat and may cause increased concern on the part of

the consumer about the wholesomeness and purity of

all red meat products,

THEREFORE BE IT RESOLVED, NCBA

seeks adequate regulatory changes to ensure the safety

of United States (U.S.) beef and to protect U.S.

consumers by denying the importation of live cattle

and beef from any country which allow the use of

pharmaceuticals, feed additives, herbicides,

insecticides, or other products in the beef production

system which have not been approved by the

appropriate U.S. government agency that has

jurisdiction.

CH 3.10

2017/Amended

Judicious Use of Antibiotics and Drugs

WHEREAS, the use of antimicrobial agents

and other modern compounds is necessary at times to

preserve life and prevent suffering in the face of

disease in cattle, and

WHEREAS, indiscriminate use of

antimicrobials may lead to the development of

bacterial resistance, possibly impacting both animal

and human health, and

WHEREAS, it is recognized that cattle

producers have an obligation to protect animal health

and protect human health and promote food safety,

THEREFORE BE IT RESOLVED, NCBA

advocates the judicious use of antimicrobials, other

compounds, and drugs. Issues involving the use of

such products in animals and humans must be resolved

using sound, peer-reviewed science without influence

of emotion or political agendas,

BE IT FURTHER RESOLVED, NCBA

advocates the responsible use of antimicrobials, other

compounds, and drugs as outlined in the Quality

Assurance Guidelines for both beef and dairy cattle, as

appropriate.

CH 3.11

2021/Amended

Pharmaceutical Labeling/Approval

WHEREAS, food safety and quality is the

number one concern of the livestock industry and the

expedient approval of new and efficacious products

for use in cost-effective livestock production is

lacking,

THEREFORE BE IT RESOLVED, NCBA

shall work with FDA and pharmaceutical companies

to streamline the approval and labeling process of new

and existing livestock products and to continue

supporting veterinarian-client-patient relationships in

cases where extra label use is the only effective means

of treatment.

CH 3.12

2021/Amended

Polyether Ionophores

WHEREAS, polyether ionophores

(monensin, lasalocid, and laidlomycin) do not function

as therapeutic or sub-therapeutic antibiotics when fed

to cattle, are not used as therapeutic agents in human

medicine, and are not a concern for antibiotic

resistance in humans or cattle, and

WHEREAS, some beef marketing claims

focus on animal production without use of antibiotics

and such claims jeopardize the use of polyether

ionophores, and

WHEREAS, U.S. producers are placed at a

competitive disadvantage to producers in the

European Union and Australia due to different

reporting and regulatory requirements for ionophores,

THEREFORE BE IT RESOLVED, NCBA

shall utilize all avenues to maintain beef cattle

producers’ ability to utilize polyether ionophores and

develop strategies with input from all stakeholders.

BE IT FURTHER RESOLVED, NCBA shall

work to educate consumers, retailers, policy makers,

and other interested parties that polyether ionophores

are not considered to be medically important to

humans.

BE IT FURTHER RESOLVED, NCBA

supports separate reporting FDA and other agencies of

polyether ionophores and other antimicrobials not

medically important to humans from those that are

medically important to humans in the annual

Antimicrobial Animal Drug Sales and Distribution

Report, per section 105 of the Animal Drug User Fee

Act.

CH 3.13

2017/Renewed

Selenium Supplementation Needs for Healthy

Cattle

WHEREAS, selenium is a required nutrient

for all animals, including cattle and wildlife, and

WHEREAS, selenium deficient cattle die,

suffer muscular pain, grow slowly, and reproduce

poorly without adequate selenium supplementation,

and

WHEREAS, it is estimated that 25 percent of

U.S. cattle are raised in selenium deficient areas, and

WHEREAS, in known selenium deficient

areas, blood tests indicate as much as 40 percent of

cattle suffer selenium deficiencies, and

WHEREAS, the present Food and Drug

Administration (FDA) approved selenium

supplementation levels of 120 ppm/3 mg/0.3 ppm are

barely adequate, and

WHEREAS, there is research data to show

that selenium supplemented cattle do not pose a

selenium contamination risk to riparian areas,

THEREFORE BE IT RESOLVED, NCBA

urges FDA to maintain the present approved levels of

permitted selenium supplementation.

CH 3.14

2020/Renewed

Ensure Producer Access to Antibiotics for Cattle

Health

WHEREAS, antibiotics are important animal

health tools for prevention, control, treatment of

disease in all segments of beef cattle production, and

WHEREAS, ionophores are used to assist

feed efficiency and rumen health,

THEREFORE BE IT RESOLVED, NCBA

should work with all appropriate entities,

organizations, and elected and appointed government

officials to ensure that cattle producers’ access and

ability to use these products in beef cattle production

systems is retained.

4. FOREIGN ANIMAL DISEASES

CH 4.1

2017/Amended

Screwworm Eradication and U.S. Screwworm

Control Program

WHEREAS, the United States (U.S.) and

Mexico today are free of the screwworm pest due to

very successful eradication programs, and

WHEREAS, United States Department of

Agriculture’s Agricultural Research Service (USDA,

ARS) needs to coordinate the various screwworm

research programs to increase their efficiency and

productivity, and

WHEREAS, Mexico no longer participates

directly in eradication programs, the Mexico-U.S.

Commission continues to supply sterile flies to

screwworm eradication programs, and

WHEREAS, a new screwworm fly

production plant was built in Panama and inaugurated

on July 12, 2006, and the screwworm fly production

plant in the Republic of Mexico was subsequently

closed,

THEREFORE BE IT RESOLVED, NCBA

shall insist that negotiations with Panama shall ensure

availability and access to requested screwworm flies

as well as allow appropriate research programs

without disruption,

BE IT FURTHER RESOLVED, NCBA shall

favor the ongoing research on cryopreservation, all

male screwworm production, improved mass rearing

techniques, and procedures to quickly manage

outbreaks,

BE IT FURTHER RESOLVED, NCBA

strongly supports the continued work of screwworm

eradication and World Organization for Animal

Health (OIE) recommendations for importation,

quarantine, and transportation of cattle from countries

considered infested with screwworm flies.

CH 4.2

2021/Amended

Vesicular Stomatitis

WHEREAS, vesicular stomatitis is a

reportable and quarantinable disease that affects

horses, cattle, sheep, swine, and other animals, and

WHEREAS, little is known about the

epidemiology, reservoirs, and vectors of vesicular

stomatitis, and

WHEREAS, during vesicular stomatitis

outbreaks prior to 2015, there was confusion over

quarantine procedures, and vaccine policy,

THEREFORE BE IT RESOLVED, NCBA

requests USDA, Agricultural Research Service

(USDA-ARS), USDA-APHIS, and Cooperative State

Research, Education and Extension Service actively

pursue epidemiological studies on the disease and

USDA-ARS move quickly to study the serotypes of

pathogenic vesicular stomatitis organisms, also

vectors, reservoirs, and mode of transmission and the

blood testing of imported cattle and horses.

BE IT FURTHER RESOLVED, USDA-

APHIS maintains adequate staff involvement and

monetary support to find solutions and prevent

recurrence of this disease.

BE IT FURTHER RESOLVED, quarantine

responsibility be reserved by the states and that a

uniform, workable quarantine policy be developed

using the results of the requested research so that safe,

realistic interstate movement of cattle can be

accomplished.

BE IT FURTHER RESOLVED, USDA-

APHIS update NCBA annually on vesicular stomatitis

including research progress and worldwide vesicular

stomatitis diagnosis.

CH 4.3

2017/Amended

Bovine Spongiform Encephalopathy (BSE)

WHEREAS, NCBA believes that protection

of human health and the safety of the human food

supply is of the highest priority, and consumers’

perceptions regarding meat safety issues can have a

devastating effect on the beef industry in the United

States (U.S.), and

WHEREAS, existing United States

Department of Agriculture (USDA) and Food and

Drug Administration (FDA) regulations designed to

prevent both the introduction of BSE or the

amplification and spread of the disease have

dramatically reduced the risk of BSE in the U.S., and

WHEREAS, continued efforts to prevent the

introduction of BSE coupled with enforcement of the

FDA feed restrictions will continue to effectively

prevent the emergence and potential spread of BSE,

THEREFORE BE IT RESOLVED, NCBA

supports aggressive science-based actions on the part

of USDA’s Animal and Plant Health Inspection

Service (APHIS) and the Department of Homeland

Security (DHS) in accordance with the World

Organization for Animal Health (OIE) standards in

controlling the importation of beef, beef products,

animal feeds, and feed ingredients,

BE IT FURTHER RESOLVED, NCBA

supports FDA fully enforcing the existing feed

restrictions designed to prevent the potential

amplification and spread of BSE,

BE IT FURTHER RESOLVED, NCBA

recommends all beef and dairy producers request their

feed suppliers provide them with a written statement

stipulating that all feed ingredient deliveries will be in

compliance with FDA specified risk materials (SRMs)

feed restrictions designed to prevent BSE,

BE IT FURTHER RESOLVED, NCBA

supports increased research funding from public and

private sectors with the objective to continue to

provide the American consumer with beef of the

highest quality, consistency, safety, and

wholesomeness and continues to support prion disease

research carried out by scientists with the USDA,

Agricultural Research Service (ARS).

CH 4.4

2020/Renewed

Invasive Animal Pests

WHEREAS, animals are entering the United

States (U.S.) bringing with them invasive animal pests

foreign to the U.S., and

WHEREAS, these pests are vectors or

possible vectors of human and animal diseases,

THEREFORE BE IT RESOLVED, NCBA

strongly urges that United States Department of

Agriculture, Animal and Plant Health Inspection

Service should have appropriate authority to act in

assuring control of all animals, including reptiles,

exotic species, and endangered species or any other

hosts of pests at points of origin and entry points with

both statutory and monetary assistance.

CH 4.5

2021/Renewed

Tropical Bont-Tick: Risk of Acute Bovine

Dermatophilosis and Heartwater Introduction to

the United States

WHEREAS, the Tropical Bont Tick (TBT)

and its associated disease, heartwater and acute bovine

dermatophilosis, has migrated from Africa to the

Caribbean Islands and is now recognized by USDA-

APHIS as a “high-consequence” threat to U.S. cattle

production and wildlife, but funding levels for

programs to protect the U.S. cattle herd have been

reduced significantly, and

WHEREAS, reduced TBT eradication funds

will likely lead to TBT spread throughout the

Caribbean and population increases on all affected

islands, and

WHEREAS, TBT, acute bovine dermatophilosis, and

heartwater will therefore continue to pose a serious

threat to the cattle industry and wildlife in the U.S.,

THEREFORE BE IT RESOLVED, NCBA

shall promote the continued work of the Caribbean

Animal Health Network to eradicate the Bont Tick

from all Caribbean islands and work closely with the

United States Animal Health Association and USDA

to support initiatives such as the tick eradication

program in St. Croix.

BE IT FURTHER RESOLVED, NCBA

requests USDA support and fund current work and

projects being done by USDA-APHIS and its

collaborators to eradicate TBT from the Caribbean,

establish surveillance programs for TBT and

associated disease conditions, emergency response

plans, development, and validation of approved tests

for heartwater within the U.S.,

BE IT FURTHER RESOLVED, NCBA

continues to encourage USDA to enter into

negotiations with French authorities, European Union

representatives, and the World Organization for

Animal Health (OIE) to acquire resources to work

with French-speaking islands of the Caribbean for

TBT eradication.

CH 4.6

2017/Renewed

Protection of Integrity of Fetal Calf Serum through

International Biosecurity

WHEREAS, fetal calf serum is used to

produce biologics for the cattle industry, and

WHEREAS, fetal calf serum is being

marketed and supplied from numerous international

sources, and

WHEREAS, fetal calf serum is a risk for and

known at times to be contaminated with infectious

agents posing health risks to United States cattle

populations, and

WHEREAS, many of these infectious agents,

such as HoBi virus and Schmallenberg virus, may not

presently exist in United States cattle populations,

thereby posing new health risks, and

WHEREAS, these infectious agents may be

transmitted through infected animals and animal

products, such as fetal calf serum,

THEREFORE BE IT RESOLVED, NCBA

staff work with appropriate federal agencies to protect

the integrity of processed fetal calf serum with regard

to reagents utilized in the United States for strict

international biosecurity measures and to identify

country of source and production information.

CH 4.7

2019/Renewed

Protection from Foreign Animal Diseases

WHEREAS, foreign animal diseases could

cause a widespread quarantine and possible massive

depopulation of the United States (U.S.) cattle herd,

thus compromising national security and jeopardizing

the U.S. beef supply, and

WHEREAS, protecting the U.S. cattle

industry is a major priority for NCBA and other

industry partners, and

WHEREAS, the United States Department of

Agriculture (USDA) is responsible for regulating the

importation of live cattle, beef, and beef products from

foreign countries into the U.S., and

WHEREAS, it is imperative that USDA

inspection of live cattle, beef, beef products, and

related animal products be effective and of the highest

quality to ensure the health and economic success of

the U.S. cattle industry, and

WHEREAS, some foreign countries with

significant chronic animal diseases, such as foot-and-

mouth disease, have petitioned the USDA to import

live cattle, beef, and/or beef products into the U.S., and

WHEREAS, the USDA’s ability to

accurately evaluate the risk of animal diseases in these

foreign countries can be uncertain and inconclusive,

THERFORE BE IT RESOLVED, NCBA

opposes the importation of live cattle, beef, and/or

beef products into the U.S. from foreign countries with

significant chronic animal diseases and lack of strict

animal disease control and eradication measures, and

BE IT FURTHER RESOLVED, NCBA

supports independent, transparent, scientific, legal,

and economic analyses of USDA proposals, risk

assessments, and supporting information, when

necessary with full access by stakeholders, to

substantiate risk levels of imported live cattle, beef,

and/or beef products and assure the protection of the

U.S. cattle industry, and

BE IT FURTHER RESOLVED, NCBA

urges USDA to include U.S. cattle industry

stakeholders in any negotiations with foreign countries

relating to efforts that may affect the health of the U.S.

cattle industry and provide the U.S. cattle industry

opportunities to comment on new procedures for

developing risk analyses for any foreign country with

significant chronic animal disease issues wishing to

export live cattle, beef, and/or beef products into the

U.S., and

BE IT FURTHER RESOLVED, that

harvesting, processing, and transporting facilities and

equipment used to export foreign live cattle, beef,

and/or beef products into the U.S. be subject to

equivalent inspection and sanitation requirements

applicable to U.S. inspected facilities and equipment,

and

BE IT FURTHER RESOLVED, NCBA

requests that USDA continue to take all reasonable

and appropriate measures to protect the U.S. cattle

industry from the introduction of foreign animal

diseases and communicate to foreign countries that

wish to export live cattle, beef, and/or beef products to

the U.S. to commit to optimal efforts to control and

eradicate animal diseases that may be a chronic

problem in their country, and

BE IT FURTHER RESOLVED, NCBA

urges USDA protocols be substantiated by sound,

scientific evidence, and that animal health related

regulations are to be used for animal disease control

and not as non-tariff trade barriers.

CH 4.8

2021/New

Asian Longhorned Tick

WHEREAS, the Asian Longhorned Tick

(ALT) is an exotic tick only recently found in the U.S.,

and

WHEREAS, the ALT can reproduce without

a male and, as such, a single female tick can create a

population, and

WHEREAS, the ALT is a known/suspected

vector of several viral, bacterial, and protozoan agents

of livestock and human diseases, and

WHEREAS, the ALT has been linked to

infection with Theileria orientalis in cattle in the

eastern U.S.,

THEREFORE BE IT RESOLVED, NCBA

supports the United States Department of Agriculture

pursuing efforts for research, management, and

control of the ALT and its associated cattle diseases.

BE IT FURTHER RESOLVED, NCBA

requests Congress and appropriate governmental

agencies secure the necessary funding for research,

management, and control of the ALT and associated

diseases, such as Theileriosis.

5. JOHNE’S DISEASE

CH 5.1

2018/Renewed

Johne’s Disease Support After Termination of

USDA-APHIS Johne’s Disease Program

WHEREAS, United States Department of

Agriculture, Animal Plant Health Inspection Service,

Veterinary Services (USDA, APHIS, VS) terminated

their Johne’s disease program on October 1, 2012, and

WHEREAS, Johne’s disease continues to

result in clinical disease in cattle, and subsequent

economic losses for the cattle industry, and

WHEREAS, Johne’s disease may now be

best addressed as a herd security issue at the producer

level,

THEREFORE BE IT RESOLVED, NCBA

encourages herd security measures to control Johne’s

disease and to continue efforts to certify laboratories

to conduct serology and fecal culture analysis tests for

Johne’s disease in cattle.

CH 5.2

2018/Renewed

Integrated Disease Research

WHEREAS, application of the knowledge of

the molecular and genetic base of infectious and non-

infectious diseases of cattle to preclinical trials could

expedite the solution discovery process, and

WHEREAS, the application of the existing

knowledge base would require input from molecular

biologists, geneticists, microbiologists, pathologists,

nutritionists, epidemiologists and clinicians to bring

the knowledge to bear on the disease problems, and

WHEREAS, disease problems that have

resisted solution by traditional methods (e.g.,

preclinical diagnosis of Johne’s disease or preharvest

elimination organisms of public health importance).

The integration of input by several disciplines has the

potential to provide needed solutions,

THEREFORE BE IT RESOLVED, NCBA

strongly supports multi-disciplinary, integrated

disease research and recommends that the United

States Department of Agriculture (USDA),

universities, organized veterinary medicine, and other

research agencies coordinate their allocation of funds

and establish research priorities to implement

interdisciplinary research projects that would bring

expertise in at least, but not limited to, the following

disciplines:

1. Immunology – develop and apply

knowledge of immune response to

subunit, vectored or DNA immunogens

to provide enhanced protective

immunity.

2. Nutrition – emphasis on relationship of

cellular and micromineral metabolism to

the disease process (e.g., the reduction of

neonatal disease by micronutrient

incorporation in maternal rations).

3. Crop and Forage Production – the effect

of intensified production on the

composition of feedstuffs and the

tremendous current programs for genetic

structuring of plants that may impact at

the cellular level on occurrence of

disease.

4. Infectious Diseases – bring to bear

molecular biologic methods to define the

interactions between infectious agents

and cattle.

5. Diagnostic Veterinary Medicine –

develop methodology and

instrumentation applicable to evaluating

the health status of cattle in the field.

6. Epidemiology – develop information on

disease incidence and interactions in

beef herds, through market channels and

feedlots with feedback to producers,

veterinarians and researchers.

7. Genetics – the basic mapping of the

genome of cattle has been completed and

the integrated approach would identify

specific genes responsible for resistance

in some cattle, and vector such genes

into susceptible cattle with subsequent

testing for acquired resistance.

6. TUBERCULOSIS

CH 6.1

2017/Amended

Tuberculosis (TB)

WHEREAS, the national tuberculosis

eradication program has successfully reduced the

incidence of the disease in United States (U.S.) cattle,

but recently the number of newly identified infected

herds has increased, and

WHEREAS, the final stages of an eradication

program require a more concerted effort to achieve the

end goal, and

WHEREAS, the current (TB) testing for

importation has reduced the rate, but not eliminated

the risk of tuberculosis infection from Mexican

imports, and

WHEREAS, the interface of livestock with

tuberculosis infected wildlife has prevented the

elimination of tuberculosis in the livestock

populations in some U.S. states,

THEREFORE BE IT RESOLVED, NCBA

urges United States Department of Agriculture’s

Animal Plant Health Inspection Service (USDA-

APHIS) to implement the following policy to enhance

their existing program:

1. Assess and redefine, if appropriate, entry

requirements to ensure the protection of

U.S. livestock. Consider requiring post-

entry retest when appropriate.

2. Ensure that adequate indemnity funding

for herd owners be available so that

mandatory depopulation of all U.S.

tuberculosis infected herds is

economically feasible.

3. Continue APHIS’s evaluation of blood

tests and explore other diagnostic

technologies and innovative applications

of epidemiology towards eradication of

the disease.

4. Ensure the unique identification of

Mexican cattle by “M” brand and

Mexican ear tag is not tampered with,

and improve the collection and recording

of all identification at slaughter to enable

proper traceback of infected animals.

5. Promote the development of new

diagnostics within and outside of APHIS

for tuberculosis infection in other

species and include these other species

under the current national eradication

program.

6. Develop a regulation requiring annual

testing of Mexico-origin rodeo cattle,

excluding cattle in feedyards intended

for slaughter.

7. Streamline the processes that will

expedite the surveillance of bovine TB.

8. Develop enhanced collaboration

between USDA-APHIS and the U.S.

Fish and Wildlife Service to eliminate

wildlife reservoirs for tuberculosis for

livestock.

CH 6.2

2019/Renewed

Tuberculosis Health Regulations for Sport Cattle

or Timed Event Cattle

WHEREAS, NCBA has worked diligently

toward a bovine tuberculosis (TB) free nation and,

WHEREAS, timed event/sport cattle could

transport bovine tuberculosis,

THEREFORE BE IT RESOLVED, that

NCBA support regulations that would require timed

event/sport cattle be tested for tuberculosis within 12

months prior to crossing state lines,

BE IT FURTHER RESOLVED, that United

States (U.S.) born timed event/sport cattle, that have

not been exposed to cattle from another origin, be

exempt from TB testing when they move directly from

the premises of birth to another premises.

CH 6.3

2018/Amended

Bovine Tuberculosis Funding

WHEREAS, bovine tuberculosis (TB) is a

regulatory disease with testing requirements that may

take 72 hours or longer to conduct prior to interstate

movements, and

WHEREAS, bovine TB program funding for

states is limited if not non-existent,

THEREFORE BE IT RESOLVED, NCBA

requests the United States Department of Agriculture

ensure adequate funding of the bovine TB program to

complete the long-standing state and tribal eradication

efforts, as well as funding for the development of a

more sensitive and specific diagnostic TB test prior to,

or in addition to, funding new voluntary programs.

CH 6.4

2018/Amended

Brucellosis and Bovine Tuberculosis Program

WHEREAS, the United States Department of

Agriculture (USDA) developed a regulatory

framework for a single program rule for brucellosis

and bovine tuberculosis (TB) as published in May

2011, and

WHEREAS, USDA proposed an update of

the general provisions for brucellosis and bovine TB

as published in December 2015, and

WHEREAS, that proposed rule was designed

on the premise that the United States was largely free

of bovine TB, and

WHEREAS, it has become clear that the

United States is not free of TB because a number of

states have identified new cases of the disease within

their borders, and

WHEREAS, it has become obvious that the

proposed federal TB rule will likely have a

tremendous negative impact on cow/calf producers,

THEREFORE BE IT RESOLVED, NCBA

requests USDA revise the proposed brucellosis and

bovine TB rule for changes, including but not limited

to the following:

1. The goal shall be eradication of

brucellosis and bovine TB from the

United States.

2. Program structures that separate out the

program rules for brucellosis and bovine

TB.

3. Establish timely and achievable

epidemiological reporting for disease

traceability timelines.

4. Establish an achievable process to meet

indemnity obligations under the Animal

Health Protection Act.

5. Align import requirements with

domestic movement requirements for

brucellosis and bovine TB.

6. Cooperative funding to the States and

Tribes for program implementation and

workforce resources to support the

brucellosis and bovine TB program.

CH 6.5

2019/Renewed

Tuberculosis Eradication

WHEREAS, tuberculosis (TB) is a zoonotic

disease that can affect cattle, humans and many other

species, and

WHEREAS, control of TB is dependent upon

adequate surveillance of appropriate populations of

cattle and other species, and

WHEREAS, the diagnosis of TB affects

many non-infected herds and producers and costs

millions of dollars for testing and quarantine,

THEREFORE BE IT RESOLVED, NCBA

encourages that United States Department of

Agriculture (USDA) and other necessary agencies to

initiate:

• Improved review of risk factors that

contribute to the spread of the disease,

• Enhanced epidemiological testing and

surveillance methods,

• Exploration of compartmentalization,

zoning, and/or risk area,

• Other TB control methods to protect

against the disease,

• Streamlined structure for determining

TB status, and

• Publication of the plan of updated rules

and methods.

7. USDA-APHIS

CH 7.1

2020/Renewed

Diseases—Inter-American Highway

WHEREAS, the only uncompleted section of

the Inter-American Highway traverses the Darien area

of southern Panama and northern Colombia, and

WHEREAS, completing the highway will

open land travel between foot-and-mouth disease

(FMD) infected areas of South America and FMD free

countries to the north of the Darien gap,

THEREFORE BE IT RESOLVED, NCBA

urges the United States Department of Agriculture

(USDA) to assure that:

1. No cattle exist in the cattle-free zone in

Panama and Columbia.

2. Procedures for handling outbreaks in

Columbia’s eradication zone are in

place.

3. Procedures for animal movements into

the eradication zone are established and

in place.

4. Procedures for routine vaccination in

Columbia’s vaccination zone are

operating.

5. Checkpoints along the Inter-American

highway are properly established and

staffed.

BE IT FURTHER RESOLVED, NCBA

recommends against completion of the Darien section

of the highway until USDA receives adequate

assurance that these procedures have been met.

CH 7.2

2021/Renewed

Foot-and-Mouth-Disease Eradication

WHEREAS, foot-and-mouth disease (FMD)

continues to be a problem in various regions of the

world, and

WHEREAS, some countries with recent

FMD outbreaks have petitioned USDA to import fresh

beef to this country, and

WHEREAS, USDA has performed risk

analysis that include document review and site visits

and developed proposed rules that would allow fresh

beef to be imported, under certain conditions and from

specified regions in South America, to the U.S., and

WHEREAS, NCBA is very concerned with

an apparent lack of ability to eradicate FMD in

endemic countries as well as USDA’s ability to

accurately evaluate the risk of the disease in such

countries, and

WHEREAS, the threat of FMD is the single

largest animal health threat to the livelihood of U.S.

beef producers,

THEREFORE BE IT RESOLVED, NCBA

supports the eradication of FMD from endemic

regions in the world.

BE IT FURTHER RESOLVED, NCBA

urges USDA to allow the U.S. cattle and beef industry

the opportunity to offer comment and further

stakeholder involvement concerning revised export

country assessment procedures being developed with

regards to importation of fresh beef from FMD

endemic countries.

CH 7.3

2017/Renewed

Diseases—Emergency Management Planning

WHEREAS, the livestock and meat industry

and the consuming public live under the continuous

threat of catastrophic disease outbreaks, and

WHEREAS, rapid diagnosis of foreign

animal diseases, prompt movement restrictions,

implementation of federal, state, and local emergency

management plans, and indemnity programs action

can often forestall outbreaks of epidemic or quasi-

epidemic proportions, and

WHEREAS, in the past, when special

problems or outbreaks have occurred, the necessary

action has been funded by “robbing” existing budgeted

disease control and eradication projects, resulting in

costly interruptions of these programs,

THEREFORE BE IT RESOLVED, NCBA

urge:

1. United States Department of

Agriculture’s Animal and Plant Health

Inspection Service (USDA-APHIS) to

aggressively monitor foreign animal

disease risk globally, focused by USDA

and Department of Homeland Security

(DHS), to prevent the introduction of

foreign animal diseases into the U.S.

2. Development of rapid diagnostic tools

coupled with adequate capacity for

confirmation by virus isolation of

suspect foreign animal disease, such as

foot-and-mouth disease.

3. Coordination of the development of

comprehensive federal, state, and local

emergency response plans, including the

role of the Federal Emergency

Management Agency and state

counterparts.

CH 7.4

2020/Amended

USDA, APHIS Authority

WHEREAS, disease causing organisms, such

as B. abortus and M. bovis, and certain vectors

transmit diseases to a number of animal species, and

WHEREAS, eradication programs are

jeopardized by the presence of disease in wild and free

ranging species not under the jurisdiction of the United

States Department of Agriculture, Animal Plant

Health Inspection Service, Veterinary Services

(USDA, APHIS, VS), and

WHEREAS, USDA, APHIS, VS authority to

control or eradicate disease in all species is not clearly

defined,

THEREFORE BE IT RESOLVED, NCBA

urges that USDA, APHIS, VS work to address disease

control and eradication authority to address disease

causing agents regardless of the species in which the

agent or organism is found.

BE IT FURTHER RESOLVED, NCBA

urges USDA, APHIS, VS to work with state animal

health officials, other related federal agencies and

industries through interagency collaboration and

mutual order of understanding to achieve disease

control and eradication objectives.

CH 7.5

2017/Amended

Wildlife and Exotic Game Animal Research

WHEREAS, NCBA is interested in

maintaining the health and productivity of the United

States (U.S.) cattle population, and

WHEREAS, the population of free roaming

deer, elk, bison, feral hogs, et al. increase the potential

of disease and pest exposure to cattle is significant due

to cohabitation, and

WHEREAS, the private ownership of these

game animals and exotic game animals has increased

dramatically in recent years, and

WHEREAS, the risk of exposure to disease

(both eradicated domestic and foreign animal disease)

is high,

THEREFORE BE IT RESOLVED, NCBA

encourages the United States Department of

Agriculture’s Agriculture Research Service, U.S. Fish

and Wildlife Service, University, and other

researchers to conduct necessary disease surveillance

and research on wildlife and exotic game animals to

protect the cattle population.

CH 7.6

2019/Amended

U. S./Canadian Animal Disease Control

WHEREAS, the United States (U.S.) and

Canadian beef industry and markets are

interdependent and integrated, and

WHEREAS, it is in the best economic

interests of both the U.S. and Canada to harmonize all

animal health policies,

THEREFORE BE IT RESOLVED, NCBA

shall make every effort to facilitate negotiations with

the Canadian and U.S. governments, state

veterinarians, and appropriate elected officials to

harmonize all animal health regulations to allow year-

round trade in cattle and beef.

BE IT FURTHER RESOLVED, United

States Department of Agriculture (USDA) and

Canadian Food Inspection Agency (CFIA) regulatory

requirements for U.S./Canadian cattle trade be

reviewed to identify ways to reduce trade costs for

cattle producers by harmonizing animal health

regulatory requirements.

BE IT FURTHER RESOLVED, NCBA shall

continue to support research, including surveillance on

diseases of economic importance to U.S. beef

producers.

CH 7.7

2017/Renewed

Indemnity

WHEREAS, existing NCBA policy urges

NCBA and United States Department of Agriculture’s

Animal and Plant Health Inspection Service, Veterinary

Services (USDA-APHIS, VS) to work with state animal

health officials and industries to achieve disease control

and eradication objectives, and

WHEREAS, NCBA recognizes that the ability

to rapidly depopulate infected and exposed animals is

essential for eradication of bovine brucellosis,

tuberculosis, foot-and-mouth-disease, and other

emergency diseases, and

WHEREAS, indemnification funds and

prompt determination of fair market replacement values

and prompt payment are necessary to allow prompt

removal of infected or exposed animals, and

WHEREAS, recent increased concerns and

discussions of valuation and payment for depopulated

animals, economic impact of lost revenue while

operations are under quarantine, and producer concerns

of liability if cattle from their operation become infected

with a reportable disease after leaving the farm,

THEREFORE BE IT RESOLVED, NCBA

urge USDA and Congress to provide full funding for

purposes of indemnification for brucellosis,

tuberculosis, foot-and-mouth-disease, and other

emergency diseases,

BE IT FURTHER BE IT RESOLVED, NCBA

continue cooperative efforts between government

agencies and private entities, to meet producer needs and

USDA, APHIS animal disease education, surveillance,

and eradication goals which:

1. Provide more timely payments for the

replacement value of animals directly

affected by a destruction order issued by

an appropriate animal health official.

2. Provide payments to producers to

compensate for the time lost due to

livestock production facilities being held

out of production or prevented from

operation and normal sales of their

animals.

3. Protect producers with liability protection

in the event of a traceback and claim for

damages for bodily injury caused by food

derived from cattle.

8. GENERAL

CH 8.1

2020/Renewed

Stolen Cattle

WHEREAS, a specified federal statute

prohibits the interstate shipment of stolen cattle and

prescribes a penalty for its violation without regard to

the outcome of any local prosecution for the larceny of

the cattle involved in the interstate shipment,

THEREFORE BE IT RESOLVED, NCBA

urges and specifically requests the Justice Department

to prosecute all known violators of federal law

prohibiting the interstate shipment of stolen cattle, and

further, to vigorously enforce such law without regard

to the outcome of any local prosecution for the larceny

of the cattle involved in interstate shipments of stolen

cattle.

CH 8.2

2020/Renewed

Cooperation with Veterinary Groups

WHEREAS, the cattle producer and

veterinarian must coordinate and cooperate in herd

health and interstate movement matters, and

WHEREAS, NCBA, the American

Veterinary Medical Association (AVMA), Academy

of Veterinary Consultants (AVC) and the American

Association of Bovine Practitioners (AABP) share

many common issues and interests,

THEREFORE BE IT RESOLVED, NCBA

will continue to build a spirit of cooperation and

coordination where possible with the AVMA, AVC,

and AABP.

CH 8.3

2020/Renewed

Veterinarian Training

WHEREAS, NCBA recognizes the economic

importance of the cattle industry to the United States

and the world, and

WHEREAS, veterinary medicine has a direct

economic effect on the cattle industry, and

WHEREAS, at most veterinary colleges

throughout the United States, the class size has

increased at a much greater rate than the bovine case

load for clinical training,

THEREFORE BE IT RESOLVED, NCBA

recommends that existing veterinary colleges re-

examine their bovine medicine program, placing

greater emphasis on clinical experience for bovine

medicine.

BE IT FURTHER RESOLVED, NCBA

strongly encourages new endeavors into bovine

veterinary training in regions where an ongoing

program can be designed, assuring emphasis on

training in beef cattle medicine as evidenced by

industry support within the region, livestock

availability for the program, and industry need.

CH 8.4

2020/Renewed

Animal Health—Federal Funding Priorities

WHEREAS, the federal budget for animal

health programs will necessarily be reduced in many

areas, and

WHEREAS, specific decisions must now be

made with respect to funding levels of federal

programs, federal personnel, and cooperative state

programs,

THEREFORE BE IT RESOLVED, NCBA

requests United States Department of Agriculture,

Animal and Plant Health Inspection Service (USDA,

APHIS) and other agencies consult with the proper

NCBA representatives in determining the priorities of

the various programs and personnel requirements.

BE IT FURTHER RESOLVED, NCBA

should inform the Appropriations Committees of the

United States Congress of these needed funding

priorities.

CH 8.5

2018/Amended

Disclosure of BVD PI Animals

WHEREAS, bovine viral diarrhea (BVD)

virus is one of the most costly viral disease of cattle in

the United States, and

WHEREAS, existing measures addressing

BVD losses are being implemented, and

WHEREAS, additional knowledge of

epidemiology, validated surveillance strategies, and

economic impacts of BVD are needed for more

effective implementation of BVD control strategies,

and

WHEREAS, the Academy of Veterinary

Consultants (AVC) and the American Association of

Bovine Practitioners (AABP) have approved

statements regarding disclosure and disposition of

BVD Persistently Infected (PI) animals, which are

defective individuals,

THEREFORE BE IT RESOLVED, NCBA

supports the AVC and AABP position statements

regarding responsible disclosure and disposition of

BVD PI animals:

AABP Statement on Disclosure of BVD PI

Animals

The cattle industry has a moral, ethical, and

potentially legal obligation not to sell known diseased

or damaged animals to other parties without full

disclosure. Responsible disposition of animals

persistently infected with BVD PIs is an important

component of BVD control. The dilemma of how to

deal with known PI cattle becomes more critical as

BVD testing becomes more widespread.

Appropriate disposition of known PI cattle

must take into account the adverse impact these cattle

have on the health, welfare, and the economic return

of other cattle and cattle operations they may expose

to BVD. It is widely recognized that a PI animal is

defective and once confirmed, the PI status should be

hereafter disclosed – as exposure to these cattle has

health ramifications for all cattle, especially those

intended for reproductive purposes. The American

Association of Bovine Practitioners strongly opposes

marketing or movement of BVD PI animals in any

manner that potentially exposes at-risk cattle.

Academy of Veterinary Consultants BVD Position

Statement

The dilemma of how to deal with known PI

cattle becomes more critical as BVD testing becomes

more widespread. Appropriate disposition of known

PI cattle must take into account the adverse impact

those cattle have on health, welfare and the economic

return of the other cattle or cattle operations they may

expose to BVD.

It is widely recognized the PI animal is

defective and once confirmed, their PI status should

thereafter be disclosed as exposure to these cattle has

health ramifications for all cattle, especially those

intended for reproduction purposes. Therefore,

marketing or movement of PIs in any matter that

potentially exposes at risk cattle is strongly

discouraged

BE IT FURTHER RESOLVED, NCBA

encourages all possible efforts to develop

economically efficient methods to control and/or

eliminate BVD in beef cattle herds.

CH 8.6

2017/Amended

Veterinary College Programs

WHEREAS, the country is experiencing an

acute shortage of food supply veterinarians (food

animal veterinarians, veterinary laboratory

diagnosticians, veterinarians trained in agricultural

biosecurity, regulatory veterinarians, and food supply

research veterinarians), and

WHEREAS, this shortage is felt on cattle

farms and ranches across the nation causing increased

costs in herd health, disease diagnostics and overall

production costs, and

WHEREAS, this shortage reduces our first

line of defense against bio-terrorism, disease

identification, prevention, and control, and

WHEREAS, this shortage could affect food

safety for our consumers,

THEREFORE BE IT RESOLVED, NCBA

work to support the Veterinary Services Grant

Program and the Veterinary Medicine Loan

Repayment Program.

CH 8.7

2018/Amended

Cross-referenced to AFP 1.2 Biosecurity

Border Security: Theft & Health Emergency

WHEREAS, Border security is paramount,

not only to the health and welfare of the American

public, but to the livestock industry as well, and

WHEREAS, Prevention of livestock ingress

and egress at the international border between Mexico

and New Mexico, as well as the other border states of

Arizona, California, and Texas, is imperative not only

to protect animal and human health, but also the

economic viability of the multi-billion dollar livestock

industry, and

WHEREAS, Current United States Border

Patrol barrier designs and plans will not prevent

livestock ingress and egress across the international

border with Mexico.

THEREFORE BE IT RESOLVED, NCBA

take all steps necessary to insure that barriers and

fencing along the international border between

Mexico and the United States are adequate to prevent

ingress and egress of livestock; these steps would

include, but not be limited to, contact with the

Congress, the United States Department of

Agriculture, the United States Secretary of the Interior,

the Department of Homeland Security, and the United

States Border Patrol.

CH 8.8

2020/Amended

Livestock Biosecurity Education and Planning

WHEREAS, U.S. livestock producers face

continual threat from common livestock diseases, as

well as new threats from exotic foreign animal

diseases, and

WHEREAS, implementation of sound

biosecurity measures on livestock operations can be an

effective tool in preventing livestock diseases, and

WHEREAS, effective disease prevention

reduces direct animal health care costs and, increases

animal performance while reducing animal treatment

and handling, and provides for continuity of business

in disease outbreaks, and

WHEREAS, the Secure Beef Supply has

good resources and tools on the website that will aid

producers in developing their plans.

THEREFORE BE IT RESOLVED, NCBA

supports the concept of individual state biosecurity

education and biosecurity planning on livestock

operations, and

BE IT FURTHER RESOLVED, NCBA

works to increase attention and adoption of national

livestock biosecurity outreach programs and seek

support from appropriate federal agencies to promote

community-based livestock biosecurity planning

strategies, and

BE IT FURTHER RESOLVED, NCBA

encourages all producers use Secure Beef Supply

during plan development for consistency.

CH 8.9

2021/Amended

Food Animal Veterinarian

WHEREAS, there is a shortfall in the number

of food animal veterinarian graduates available to

service the rural and livestock production areas of the

U.S., and

WHEREAS, livestock producers rely on their

local veterinarian for guidance to ensure herd

management, disease identification, and disease

prevention and control, and

WHEREAS, the physical nature of the work,

as well as accrued indebtedness, tends to divert many

capable graduate veterinarians away from food animal

practice, and

WHEREAS, the increased complexity of

pharmaceutical and biological product use requires

veterinarian supervision, and

WHEREAS, a veterinary practice can

involve long travel distances and extended absence

from their clinic in rural areas, creating a demand for

multi-veterinarian staffed clinics,

THEREFORE BE IT RESOLVED, NCBA

encourages the colleges of veterinary medicine to

vigorously pursue the recruitment, selection, and

training of students with the aptitude and desire to fill

the need for food animal veterinarians in order to

assure a sufficient supply of bovine practitioners and

the veterinary support systems necessary to enable the

industry to produce beef in a safe, efficient, and

humane manner.

BE IT FURTHER RESOLVED, NCBA

recognizes the importance of scholastic excellence and

recommends an attempt be made to identify a process

of recruitment that selects individuals with food

animal experience or related skills and the educational

background to meet the requirements of a food animal

veterinarian and urge the U.S. Congress, state

legislatures, national veterinary medical associations,

and public universities to make a priority of addressing

any shortage of food animal veterinary practitioners,

especially in the rural areas of the nation, and aid in

funding programs that support placement of

veterinarians in rural communities.

CH 8.10

2018/Renewed

Bovine Leukosis Vaccine

WHEREAS, Bovine Leukosis Virus is a

significant impediment for domestic and international

cattle movements, and

WHEREAS, a successful control program of

Bovine Leukosis in vector states requires an effective

vaccine,

THEREFORE BE IT RESOLVED, NCBA

strongly supports the development of a United States

Department of Agriculture approved vaccine for

Bovine Leukosis.

CH 8.11

2018/Renewed

Arthropod Borne Animal Disease Research Unit

(ABADRU) Support

WHEREAS, United States Department of

Agriculture-Agriculture Research Service Arthropod

Borne Animal Diseases Research Unit (ABADRU) in

Manhattan, Kansas, plays a very critical role in

conducting research on vector borne diseases, and

WHEREAS, research on Bluetongue virus

(BTV), Epizootic Hemorrhagic disease (EHD), and

Vesicular Stomatitis, (VS) is very important to the

cattle industry,

THEREFORE BE IT RESOLVED, NCBA

strongly supports the ABADRU research programs,

and continues to support funding of research programs

and personnel to address exotic and emerging

arthropod vectors and disease, and

BE IT FURTHER RESOLVED, NCBA shall

strongly support continued Congressional funding for

ABADRU research facilities.

CH 8.12

2017/Amended

Alternative Feedstuffs

WHEREAS, poultry litter is a by-product

occasionally fed to cattle, and

WHEREAS, poultry litter contains feeds that

may include ruminant derived feed products, and

WHEREAS, despite the scientific

communities’ assurances that feeding this by-product

is safe, there are indications this practice is perceived

negatively by consumers,

THEREFORE BE IT RESOLVED, NCBA

urge industry educators to discourage the practice of

feeding poultry litter and acknowledge its more

beneficial use as a fertilizer in those regions of the

country where the product use is concentrated,

BE IT FURTHER RESOLVED, NCBA

work to discontinue the feeding of poultry litter to

cattle except during extreme drought and under the

guidelines of science-based research.

CH 8.13

2021/Renewed

Support of Food Animal Residue Avoidance

Database (FARAD)

WHEREAS, the support of Food Animal

Residue Avoidance Database (FARAD) is vital to the

livestock industry and human health, and

WHEREAS, funding by USDA continues to

be threatened,

THEREFORE BE IT RESOLVED, NCBA

urges the Secretary of Agriculture to include funding

in the USDA budget for FARAD sufficient to maintain

and enhance a sustained permanent program of

FARAD services.

CH 8.14

2018/Renewed

Fly Impact

WHEREAS, flies cause considerable

irritation and blindness to cattle, resulting in much

stress, and

WHEREAS, the deteriorating health and

well-being of cattle as a result of flies causes

considerable economic loss to the livestock industry,

and

WHEREAS, the industry has been successful

in the past garnering support from United States

Department of Agriculture, Animal Plant Health

Inspection Service, Veterinary Services (USDA,

APHIS, VS) and pharmaceutical companies to bring

about controls and/or eradication of other animal

health pests,

THEREFORE BE IT RESOLVED, NCBA

shall work with university researchers, pharmaceutical

companies, and USDA staff to direct research efforts

toward effective control and management of flies.

CH 8.15

2020/Amended

Biosecurity Education

WHEREAS, biosecurity awareness and

biosecurity practices are essential to prevent and

control the risk of diseases in cattle,

WHEREAS, the Beef Quality Assurance

(BQA) program and the Secure Beef Supply (SBS)

Plan provide sound biosecurity practices to prevent

and control diseases in cattle,

THEREFORE BE IT RESOLVED, NCBA

supports education and awareness on the biosecurity

principles contained in the BQA program and the SBS

Plan for all segments of the industry, explaining the

importance of implementing biosecurity practices to

control disease risk.

BE IT FURTHER RESOLVED, NCBA

maintains a Research and Herd Security Working

Group to discuss and potentially establish appropriate

biosecurity practices.

CH 8.16

2021/Amended

Support of Safety Standards for Feed and Feed

Ingredients

WHEREAS, consumer interest in food, food

safety, and the origins of food is at a high level, and

WHEREAS, consumer confidence in the

safety of beef and in the integrity of the U.S. food

supply is a critical issue for the cattle industry, and

WHEREAS, NCBA is committed to

exceeding consumers' expectations in producing and

delivering a safe, nutritious, and wholesome beef

supply,

THEREFORE BE IT RESOLVED, NCBA

strongly supports efforts that foster the use of the

highest safety standards by feed mills and other

facilities involved in the manufacture of livestock

feed, pet food, and related ingredients as well as efforts

by USDA and FDA to investigate and mitigate the

risks of animal disease from imported feed and feed

ingredients.

CH 8.17

2017/Renewed

Greater Yellowstone Area Bison Relocation

WHEREAS, the Department of the Interior

(DOI) has to date exhibited inadequate management of

bison herd health and population, and

WHEREAS, the commingling of DOI bison,

native wildlife, and privately-owned livestock is

unpreventable under the current management practices

of DOI, and

WHEREAS, livestock producers do not want

the herd health liability associated with the relocation

of Greater Yellowstone Area (GYA) or other

federally-owned bison,

THEREFORE BE IT RESOLVED, NCBA

oppose the relocation of bison to any area outside of

the current GYA management area, as well as any

expansion of the management area,

BE IT FURTHER RESOLVED, NCBA

oppose any increase in the currently-authorized GYA

bison population.

CH 8.18

2019/Renewed

Fescue Research

WHEREAS, a significant percentage of the

United States (U.S.) cattle herd resides in areas of

the country where tall fescue pastures

predominate, and

WHEREAS, tall fescue pastures are

economically important and sustainable,

THEREFORE BE IT RESOLVED, NCBA

supports the United States Department of

Agriculture/Agricultural Research Service, and

other partners, to conduct tall fescue research to

provide practical information for cattle producers.

CH 8.19

2019/Renewed

Support for the World Organization for Animal

Health and Codex

WHEREAS, the World Organization for

Animal Health (OIE) and the Codex Alimentarius

(Codex) set international standards for animal health

related issues and food safety related issues

respectively,

WHEREAS, NCBA has been established as

a member of the United States (U.S.) Delegation on

both OIE and Codex representing the interests of U.S.

cattle producers, and

WHEREAS, OIE and Codex are the official

scientific bodies utilized by the World Trade

Organization in the event of a trade dispute,

THEREFORE BE IT RESOLVED, NCBA

continues their involvement in both OIE and Codex as

members of the U.S. Delegation bringing forth the

concerns and ensuring the interests of the U.S. cattle

producers and industry.

CH 8.20

2018/New

Biotechnology in Cattle

WHEREAS, biotechnology is rapidly

developing in scientific communities to genetically

address issues involving animal diseases and other

biological systems of beef cattle, and

WHEREAS, prevention and control of

animal disease is beneficial to ranchers and

consumers, and

WHEREAS, a sound, risk-based, regulatory

review process that fosters innovation is essential, and

WHEREAS, the United States Department of

Agriculture (USDA) already regulates gene editing in

plants under the Plant Protection Act, in which the

agency has shown a proven track record in risk-based,

pro-science regulation of biotechnology, and

WHEREAS, currently the Food and Drug

Administration (FDA) has chosen to define gene

editing in the same way as it would a new animal drug,

using Guidance 187, and

WHEREAS, there is no statutory

requirement that the FDA regulate gene editing in food

producing animals, and biotechnology is not an

“animal drug,” and

WHEREAS, regulating gene editing through

FDA’s new animal drug approval process as an animal

drug will most likely make this technology unavailable

to livestock producers,

THEREFORE BE IT RESOLVED, NCBA

believes that regulation of gene-editing in beef cattle

resides with the USDA, and not with the FDA.

9. ANIMAL DISEASE RESEARCH

CH 9.1

2020/Renewed

Cryptosporidiosis

WHEREAS, cryptosporidiosis is a disease

that has been present in cattle, wildlife, humans, and

other species for years, and

WHEREAS, our ability to control the disease

needs to be improved,

THEREFORE BE IT RESOLVED, NCBA

encourages and supports research to:

1. Help reduce infection in calves, both

through therapeutic and prophylactic

intervention

2. Study shedding of the organism by cattle

3. Determine the role of wildlife shedding

by defining the contamination of streams

in watersheds free of domestic livestock

4. Study the viability of the specific

organism in grazing pastures and water

5. Develop species specific diagnostic tools

6. Study involvement of human waste,

pets, and exotic animals, to include

cryptosporidiosis and giardiasis.

CH 9.2

2019/Amended

Bovine Leukosis Virus (BLV)

WHEREAS, Bovine Leukosis Virus (BLV)

is a retroviral disease of cattle that is showing

increasing incidence in beef cattle, and

WHEREAS, BLV can result in cases of

lymphosarcoma causing some death loss and aesthetic

condemnation at harvest, as prescribed by United

States Department of Agriculture, Food Safety

Inspection Service, Hazard Analysis and Critical

Control Points (USDA, FSIS, HACCP) rules, and

WHEREAS, BLV has been eliminated from

some countries and this could result in foreign trade

restrictions in the future and more domestic marketing

limitations, and

WHEREAS, BLV is not transmissible to

humans; however, the aesthetic problem could create

negative perception of beef, and

WHEREAS, effective diagnostic blood and

virus detection tests are available for cattle,

THEREFORE BE IT RESOLVED, NCBA

supports research efforts to:

• Study the ability of specific insect vectors

to transmit BLV.

• Assess the cost associated with BLV

infections in beef and dairy herds, and

costs associated with establishing and

maintaining a BLV-free herd.

• If feasible, develop an effective marker

vaccine for BLV to aid in the reduction of

carriers in very high incidence herds.

CH 9.3

2017/Renewed

Use of Animals for Research Purposes

WHEREAS, there are no viable substitutes

for animal metabolic and physiological systems in the

study of disease, immunology, physical, and

reproductive functions, and

WHEREAS, the humane use of animals for

research is essential to both animal and human disease

control, prophylaxes, and therapy, and

WHEREAS, animal health research has been

responsible for maintaining and improving the health

and quality of life for humans and animals,

THEREFORE BE IT RESOLVED, NCBA opposes

legislation that would prohibit the use of animals in

research.

CH 9.4

2019/Amended

USDA Research Funding for Neospora caninum

and Nematode Research

WHEREAS, Neospora caninum (NC) has

been demonstrated to be a significant cause of abortion

in cattle, and

WHEREAS, nematodes can negatively

impact the immune system of cattle, and

WHEREAS, the effect of NC on other cattle

production parameters is not known, and

WHEREAS, no approved vaccines or

treatments currently exist to control Neosporosis, and

WHEREAS, significant expertise is present

within the United States Department of Agriculture,

Agriculture Research Service (USDA, ARS) Animal

Parasitic Diseases Laboratory (APDL), and significant

progress has been made at some land grant

universities, and

WHEREAS, funding for nematode research

has diminished dramatically,

THEREFORE BE IT RESOLVED, NCBA

strongly encourages and supports adequate new

funding of ARS and the external funding of university

partners for further research on the epidemiology,

impact on human health, control, and treatment of

Neospora caninum and nematode research.

BE IT FURTHER RESOLVED, this funding

should not be at the expense of the other parasitology

research programs.

CH 9.5

2019/Amended

USDA Research Funding for EBA Research

WHEREAS, Epizootic Bovine Abortion

(EBA; Foothill Abortion) is an economically

devastating disease in affected cattle herds in affected

locales, and

WHEREAS, EBA is known to be endemic in

California and parts of Oregon and Nevada,

THEREFORE BE IT RESOLVED, NCBA

encourages USDA to actively support EBA research.

CH 9.6

2019/Amended

National Animal Disease Center and National

Veterinary Services Laboratory Funding

WHEREAS, the National Animal Disease

Center (NADC) and the National Veterinary Services

Laboratory (NVSL), both located in Ames, Iowa, have

a world-wide reputation for animal disease research,

and

WHEREAS, the current NADC and NVSL

facilities are aged to the point that future research

possibilities and biosecurity measures will be limited,

which will inhibit the safety and competitive position

of the U.S. livestock industry, and

WHEREAS, the NADC, NVSL, and Center

for Veterinary Biologics are currently utilizing

departmental cooperation which will result in more

efficient research at a reduced cost,

THEREFORE BE IT RESOLVED, NCBA

strongly supports continued funding for NADC and

NVSL.

CH 9.7

2021/Renewed

Anti-Tick Vaccine Research

WHEREAS, there are limited biological

methods to control endemic tick-borne diseases in

cattle, and

WHEREAS, there remains a threat of foreign

tick-borne diseases being introduced into the U.S., and

WHEREAS, low-level feeding of

tetracyclines is one supported current method of

controlling these diseases, and

WHEREAS, ticks are becoming increasingly

resistant to arachnicide chemicals commonly used for

their control,

THEREFORE BE IT RESOLVED, NCBA

supports research on tick vaccines and other novel

methods to control tick-borne diseases of cattle.

CH 9.8

2017/Amended

Chronic Wasting Disease Eradication

WHEREAS, Chronic Wasting Disease

(CWD) is one of several transmissible spongiform

encephalopathies (prion diseases) and is increasing in

frequency and distribution, and

WHEREAS, there is a marked increase in the

population of white-tail deer over most of the United

States, and

WHEREAS, CWD has become a very

serious disease in farmed elk, mule deer, and white-

tailed deer,

THEREFORE BE IT RESOLVED, NCBA

strongly supports United States Department of

Agriculture’s Agricultural Research Service (USDA

ARS) and university research on CWD,

BE IT FURTHER RESOLVED, NCBA

requests and supports research efforts to develop rapid

antemortem and postmortem diagnostics, determine

route(s) of transmission, including the role of

environmental contamination, and methods to control

CWD, such as genetic resistance,

BE IT FURTHER RESOLVED, NCBA

requests expanded efforts to stop the spread of CWD

in deer and elk by depopulation of free roaming and

farmed deer and elk in areas with involved and

threatened herds,

BE IT FURTHER RESOLVED, NCBA

supports and encourages the control of the transport of

live deer and elk or carcasses from areas having CWD,

BE IT FURTHER RESOLVED, NCBA

supports uniform and effective monitoring of

interstate and intrastate movement of wild and captive

cervidae,

BE IT FURTHER RESOLVED, NCBA

recommends intensive monitoring of all captive and

wild cervidae herds in the CWD endemic areas, as well

as the monitoring of wild cervidae in areas adjacent to

facilities of captive cervidae, which have a diagnosis

of CWD,

BE IT FURTHER RESOLVED, NCBA

requests USDA ARS further develop and maintain a

current fact sheet on scientific facts about CWD and

that this information be widely disseminated to

affected parties, i.e., all state veterinarians, United

States Animal Health Association, NCBA, state cattle

producer associations, state wildlife agencies and the

Department of Interior.

CH 9.9

2018/Amended

Foot-and-Mouth-Disease Control

WHEREAS, foot-and-mouth disease (FMD)

outbreaks would devastate the beef cattle industry in

the United States, the largest agriculture segment, and

WHEREAS, the control and prevention of

FMD will require a multi-faceted approach,

THEREFORE BE IT RESOLVED, NCBA

requests the United States Department of Agriculture

(USDA) place a high priority on the development of

improved and validated FMD vaccines, including

funding for production and banking of the FMD

vaccines and FMD diagnostic test kits.

CH 9.10

2017/Renewed

Trichomoniasis Control

WHEREAS, trichomoniasis is an

economically devastating disease in beef herds, and

WHEREAS, there is currently no treatment

for infected bulls, and there are currently no drugs or

vaccines that will effectively prevent infection of bulls

or beef herds, and

WHEREAS, there are non-pathogenic

trichomonads that can be isolated from bulls,

particularly virgin bulls, thus, it is important to

differentiate the pathogenic trichomonads from the

non-pathogenic trichomonads,

THEREFORE BE IT RESOLVED, United

States Department of Agriculture (USDA) should

support research aimed at prevention and treatment of

trichomoniasis in cattle, especially the differentiation

of non-pathogenic from pathogenic trichomonads,

BE IT FURTHER RESOLVED, USDA

should make certain that veterinary diagnostic

laboratories, veterinarians, and state trichomoniasis

control programs are aware of all scientific

information on differentiating non-pathogenic

trichomonads from pathogenic trichomonads,

particularly the use of any rapid diagnostic tests.

CH 9.11

2021/Amended

Testing for Trichomoniasis

WHEREAS, Trichomoniasis is a devastating

reproductive health disease in beef cattle, and

WHEREAS, the control, sampling,

laboratory testing, and state import requirements of

Trichomoniasis lack uniformity and consistency,

THEREFORE BE IT RESOLVED, NCBA

shall work with veterinarians, state officials, the

American Association of Veterinary Laboratory

Diagnosticians, and researchers to continue to develop

universal standards in the detection, testing, sampling,

and control of Trichomoniasis.

BE IT FURTHER RESOLVED, NCBA

recognize the role that pooled Polymerase Chain

Reaction (PCR) testing plays in the control of

Trichomoniasis, especially in the testing of

Trichomoniasis free herds for interstate movement

purposes, and work to further the education and

research of pooled PCR testing in the beef industry.

CH 9.12

2018/Amended

Support for Research on Controlling Foot-and-

Mouth-Disease Outbreaks by Methods other than

Depopulation

WHEREAS, foot-and-mouth disease (FMD)

in the United States would be devastating to the beef

cattle industry, and

WHEREAS, the principal plan for control is

widespread depopulation, but includes the use of

vaccination, containment, and biosecurity measures,

and

WHEREAS, depopulation may not be

allowed or feasible in certain states,

THEREFORE BE IT RESOLVED, NCBA

shall request continued funding of research for

alternative methods of FMD control to include new

vaccine technologies by the Department of Homeland

Security and the United States Department of

Agriculture.

CH 9.13

2018/Renewed

Support for the Midwest Insect Research

Laboratory (Lincoln, NE)

WHEREAS, United States Department of

Agriculture, Agriculture Research Service (USDA,

ARS) Agroecosystem Management Research Unit

(AMRU) at Lincoln, Nebraska, has performed critical

research on screwworms and stable flies, and

WHEREAS, the cattle industry has a very

serious problem with range and/or pasture-adapted

stable flies, and no effective control methods are

currently available, and

WHEREAS, an expert panel has completed a

review of the AMRU program and has recommended

the expansion of the stable fly research efforts,

THEREFORE BE IT RESOLVED, NCBA

shall strongly support the expansion of the existing

confined cattle stable fly research program at AMRU,

BE IT FURTHER RESOLVED, NCBA shall

support additional research on appropriate fly pests

and lice when personnel, funds, and time permit.

CH 9.14

2018/Amended

Kerrville Research Lab Funding

WHEREAS, the United States Department of

Agriculture’s Agriculture Research Service’s (USDA-

ARS) Knipling-Bushland Livestock Insects Research

Laboratory at Kerrville, Texas, has historically been a

critical research facility for a number of important

pests, both insects and ticks, and

WHEREAS, the research program at

Kerrville needs to be continued and expanded, and

WHEREAS, Kerrville is the victim of urban

encroachment and the land value has increased

significantly, and

WHEREAS, the old World War II Quonset

facilities are antiquated, inefficient, and expensive to

maintain, and

WHEREAS, the important research efforts

on problems such as acaricide resistance and

development of technology to control populations of

cattle fever ticks maintained and distributed by

ungulate wildlife by the fever tick must not be

jeopardized,

THEREFORE BE IT RESOLVED, NCBA

strongly supports the planning, funding and

construction of a new research facility to replace the

existing Kerrville laboratory, and

BE IT FURTHER RESOLVED, NCBA

supports the existing collaborative efforts with the

Agricultural Research Service Animal Disease Units

at Pullman, Washington and Kerrville, Texas.

CH 9.15

2017/Amended

Regional Veterinary Diagnostic Laboratory

Capacity

WHEREAS, livestock diseases are extremely

costly to producers and rural communities, and

WHEREAS, foreign animal diseases such as

foot-and-mouth-disease (FMD), heartwater, and

others could have devastating results to the entire

livestock industry, and

WHEREAS, rapid local diagnostic

capabilities will be critical in a foreign animal disease

outbreak,

THEREFORE BE IT RESOLVED, NCBA

actively encourages federal and state officials to

expand and support the United States Department of

Agriculture approved regional veterinary diagnostic

laboratory network.

CH 9.16

2019/Amended

Bovine Viral Diarrhea Virus Education and

Research Support

WHEREAS, bovine viral diarrhea virus

(BVDV) is an important contagious pathogen of cattle,

which causes a number of economically important

disease syndromes in all stages of cattle production,

and

WHEREAS, the components necessary to

control this pathogen exist, including accurate

diagnostic tests and an understanding of effective

strategies to prevent transmission within and between

cattle herds, and

WHEREAS, BVDV control or eradication

occurs by the voluntary actions of individual cattle

producers, so success requires producer “buy-in”, or

compliance. Compliance, in turn, is strongly

associated with producer education, and

WHEREAS, the Research and Herd Security

Working Group, a sub-committee of the NCBA Cattle

Health and Well-being Committee, has provided

national leadership in creating awareness and

providing knowledge about BVDV control to

veterinarians and cattle producers through research,

producer symposiums and publications,

THEREFORE BE IT RESOLVED, NCBA

supports state and federal programs which fund

competitive proposals for research and outreach to

deliver information and training directly to cattle

producers and their veterinarians that will contribute

to BVDV control.

CH 9.17

2019/Amended

Bovine Viral Diarrhea Virus International

Biosecurity

WHEREAS, bovine viral diarrhea (BVD)

viruses, which comprise two species within the

pestivirus genus, likely cause the costliest viral disease

of cattle in the United States, and

WHEREAS, control measures addressing

BVD virus losses are being implemented in the United

States, and

WHEREAS, biosecurity is an important

component of BVD control plans ranging from

individual herds to international movement, and

WHEREAS, infection of cattle with HoBi-

like viruses, a newly emerging species of pestivirus

confirmed present in both South America and

Southeast Asia, mimics the clinical presentations

observed following infection with either BVDV1 or

BVDV2, and

WHEREAS, introduction of the HoBi

species into the U.S. poses significant biosecurity risk

for animal populations and would have serious

consequences for BVDV control programs, and

WHEREAS, these viruses may be

transmitted through infected animals and animal

products, such as fetal calf serum,

THEREFORE BE IT RESOLVED, NCBA

encourages United States Department of Agriculture,

Animal and Plant Health Inspection Service (USDA,

APHIS) to adhere to and implement strict international

biosecurity measures for pestiviruses, addressing

shipment of animals and animal products, as well as

other risks.

CH 9.18

2018/Renewed

Animal Disease Research Funding

WHEREAS, inadequate funding is available

for animal disease research, and decreasing numbers

of young scientists are pursuing careers in animal

disease research, and

WHEREAS, many new faculty members

hired by veterinary school basic science departments

and colleges of agriculture focus largely (or entirely)

on human disease research because of funding issues,

and

WHEREAS, the decline in trained veterinary

scientists entering the animal research field in the last

decade and the predicted retirement losses of

veterinary scientists suggests that the United States

will be unable to meet critical research needs of animal

health in the next decade,

THEREFORE BE IT RESOLVED, NCBA

urges Congress and appropriate governmental

agencies to increase funding for animal disease

research, and seek adequate funding for bovine disease

research.

CH 9.19

2019/New

Bovine Congestive Heart Disease

WHEREAS, Bovine Congestive Heart

Disease (BCHD) is emerging as a disease affecting

animal well-being and the financial stability of

producers, and

WHEREAS, more research needs to be

conducted into the disease, its occurrence, and its

distribution among segments of the industry,

THEREFORE BE IT RESOLVED, NCBA

support BCHD research and encourage producers to

participate in surveys to determine the extent of the

disease.

10. ANIMAL ID/DISEASE TRACEABILITY

CH 10.1

2018/Amended

Development of Protocols for Regionalization

WHEREAS, animal diseases occur

periodically in some states and occur in wildlife in

some states, and

WHEREAS, NCBA wholly supports open

access to marketing and movement options while

maintaining appropriate disease risk, and

WHEREAS, precise protocols should be in

place to determine quarantines, regionalization, or

other movement restrictions in a herd or area,

THEREFORE BE IT RESOLVED, NCBA

supports research to develop protocols and determine

the economic impact of regionalization of states or an

area to establish risk avoidance for animal diseases.

CH 10.2

2017/Renewed

Identification of Imported Cattle

WHEREAS, with increased globalization

and cattle movements across national borders, and

WHEREAS, old and emerging diseases may

be difficult to detect at times with current testing

technologies, and

WHEREAS, the occurrence of these

diseases would devastate the United States (U.S.)

economy if they entered our U.S. cattle herd,

THEREFORE BE IT RESOLVED, NCBA

requests live cattle imported into the U.S. from another

country be identified with permanent, visible

identification utilizing the United States Department

of Agriculture’s Animal and Plant Health Inspection

Service (USDA-APHIS) code to identify the country

of origin.

CH 10.3

2018/Amended

Support for Enhanced Disease Traceability

Systems

WHEREAS, NCBA continues to be an

industry-leading organization on animal identification

(ID) issues, and

WHEREAS, intrastate and interstate animal

ID plans are being developed for the purpose of

establishing a means to ensure animal disease

traceability, and

WHEREAS, a goal should be to enable the

cattle industry and state/federal animal health officials

to respond rapidly and effectively to animal health

emergencies, and

WHEREAS, the industry is placing renewed

emphasis on preventing the introduction of foreign

animal diseases of concern, and

WHEREAS, the proposed United States

Department of Agriculture (USDA) Animal and Plant

Health Inspection Service animal disease traceability

framework does not eliminate the need for continued

brand inspection programs, and

WHEREAS, having a system to quickly and

effectively address disease outbreaks protects animal

health and provides confidence for consumers both

domestically and internationally, and

WHEREAS, most major beef-exporting

countries have implemented animal ID and

traceability systems and are using their systems to

differentiate themselves from the United States (U.S.)

with customers in global markets, and

WHEREAS, the World Organization for

Animal Health (OIE) has adopted guidelines on

animal ID and traceability that establish basic

principles which any traceability system should

satisfy, and

WHEREAS, the 2016-2020 cattle industry

Long Range Plan emphasizes the cattle industry

should secure the broad adoption of individual animal

ID disease traceability system(s) to equip the industry

to effectively manage a disease outbreak while

enhancing both domestic and global trust in U.S. beef.

THEREFORE BE IT RESOLVED, NCBA

supports the development and implementation of a

nationally significant disease traceability system,

BE IT FURTHER RESOLVED, an effective

animal disease traceability program should:

1. Be compatible with private sector animal

ID and verification programs backed by

the USDA.

2. Be compatible with the general

traceability principles of the OIE.

3. Recognize existing USDA programs for

beef exports.

4. Be built using infrastructure that

supports other potential uses of ID.

5. Utilize low cost electronic official

tagging devices paid for by federal

and/or state funds, when possible.

6. Require that cattle ID information for

disease traceability be kept confidential

and strongly protected from disclosure.

7. Protect ownership information from

disclosure to future owners.

8. Protect producers from liability for acts

of others, after the cattle have left the

producer’s control.

9. Operate at the speed of commerce.

10. Not replace or impede existing state

brand inspection activities.

11. Work within a framework to

accommodate all classes of cattle.

CH 10.4

2017/New

Enhancements to Animal Disease Traceability

(ADT)

WHEREAS, NCBA is on record supporting

traceability for animal disease purposes,

THEREFORE BE IT RESOLVED, NCBA

supports traceability protocols outlined below that

address producers’ concerns relative to the

USDA/ADT program.

• Allows for a separate rule making

process for cattle under 18 months of

age.

• Implementation of a traceability

program needs to consider technology

and the speed of commerce. Specifically,

USDA, state, and private datasets must

function and be dependable. For ADT

specifically, datasets should be

correlated with other animal health data,

such as those listed on Certificates of

Veterinary Inspection.

• ADT is not a tool directly formatted for

international market access for

trade. Identification programs used for

international trade access or other

traceability programs, which meet ADT

minimum standards for device, etc.,

should be allowed to populate certain

traceability aspects of ADT.

• Confidentiality of producer information

is essential and producer information

should be strongly protected from

disclosure.

• Producers must be protected from

liability for the acts of others after their

cattle have left their control.

• The animal data management system

does not replace or impede existing state

brand inspection activities.

• Cattle movement between adjoining

states on pasture-to-pasture permits

should be allowed to continue at the

discretion of the state animal health

officials involved.

• Data integrity must be maintained

throughout the system, including

retagging and retirement of tags at

harvest.

• Adequate federal resources to the state

must be readily available to facilitate the

objectives of ADT.

CH 10.5

2020/New

Support for U.S. CattleTrace

WHEREAS, the Beef Industry Long Range

Plan supports the broad adoption of individual animal

I.D. traceability systems across the beef community to

equip the industry to effectively manage a disease

outbreak, and

WHEREAS, NCBA commissioned a

“Comprehensive Feasibility Study: U.S. Beef Cattle

Identification and Traceability Systems” by World

Perspectives, Inc. (WPI), and

WHEREAS, the WPI report concluded an

effective approach to animal identification and

traceability would include the following basic tenets:

1. Is industry driven.

2. Is managed and overseen by an entity

that includes both private and

government interests.

3. Maintains data privacy.

4. Is equitable to all industry sectors.

5. Is compatible with common industry

practices.

6. Operates at the speed of commerce.

7. Is credible in domestic and international

markets, and

WHEREAS, U.S. CattleTrace is an industry-

driven animal disease traceability group designed to

incorporate the key findings of the WPI report, and

WHEREAS, U.S. CattleTrace is a producer-

governed, not-for-profit organization that will focus

solely on working with producers and private industry

animal identification and traceability companies and

systems to create a nationally significant disease data

base focused solely on collecting tag numbers, siting

dates, GPS/location sitings and time of sitings and to

securely manage this data for effective animal disease

tracebacks. The U.S. CattleTrace goal is to increase

animal tagging and traceability from the current

national level to 70% of the national herd, and

WHEREAS, U.S. CattleTrace is designed to

interface with existing private-sector systems to

support a comprehensive approach to traceability,

THEREFORE BE IT RESOLVED, NCBA

supports the expansion and further development of

U.S. CattleTrace and its interface with existing

private-sector, data management, identification, and

traceability companies as the nationally significant

solution for animal disease traceability.

BE IT FURTHER RESOLVED, NCBA

supports the use of current technology already adopted

by the beef industry and the development of additional

technology that meets the needs of the varied

management and marketing systems used in the beef

industry.

BE IT FURTHER RESOLVED, NCBA

continues efforts to encourage and help facilitate state

affiliate support, including support for member

educational efforts.

BE IT FURTHER RESOLVED, NCBA

supports U.S. CattleTrace efforts to work

cooperatively with federal and state animal health

officials and programs.

FEDERAL LANDS COMMITTEE

Dave Daley, CA – Chair Jim Hellyer, WY – Vice Chair

Kaitlynn Glover, Staff

1 ADMINISTRATIVE AND REGULATORY

1.1 2019 Federal Lands Management

1.2 2020 Local Compliance with Executive

Order #12630

1.3 2021 Injunction Review

1.4 2017 Agency Range Budget

1.5 2021 Trespass

1.6 2017 National Forests and Grasslands

Management

1.7 2017 Permit Renewals

1.8 2019 Direct Access to Federal Court

1.9 2018 Compensation for Cuts in

Permitted Animal Unit Months

1.10 2019 Notice to Permitees

1.11 2019 Legal Public Access

1.12 2018 Federal Land Acquisition and

Exchanges

1.13 2018 United States Forest Service

(USFS) and Bureau of Land

Management (BLM) Rangeland

Management Positions

1.14 2019 Multiple-Use

1.15 2019 Grazing Advisory Boards

1.16 2017 Grazing Appeals of Forest Service

Decisions

1.17 2018 Appeal of Bureau of Land

Management (BLM) Decisions

1.18 2018 Interested Public

1.19 2018 Permit Issuance and Transfer

1.20 2018 Preference

1.21 2019 Fence Height Requirements

1.22 2018 Open Range Fencing

1.23 2019 Wolf Predation Reporting

1.24 2019 Permitee Input into Public Lands

Management Decisions

1.25 2019 Conservation Agreements and

Interconnectivity of Land

Management

1.26 2019 On-Refuge and Park Hunting

1.27 2020 Endangered Species –

Environmental Impact Statement

1.28 2021 Legislative and Regulatory

Revisions for Grazing Permit

Administration

1.29 2017 Toxic Rotenone and/or Antimycin A

1.30 2019 State Entitlement

1.31 2020 Notification and Reissuance for

Vacant Allotments

1.32 2019 Federal Land Designations

1.33 2017 Transfer of Federal Lands

1.34 2019 Wild Horses & Burros

1.35 2019 Federal Lands Recreation

1.36 2020 Collaborative Forest and

Rangeland Management Programs

2 LEGISLATIVE

2.1 2019 Federal Grazing Fee Formula

2.2 2020 Removal of Grasslands from U.S.

Forest Service Jurisdiction

2.3 2021 Vested Grazing Rights

2.4 2019 Vandalism on Federal Lands

2.5 2021 Water Rights-of-Way

2.6 2017 Access to Forest Inholdings

2.7 2017 Davis-Bacon Act

2.8 2017 Mining Laws

2.9 2018 Fencing of Sensitive Areas

2.10 2019 Opposition to Grazing Permit

Retirement Programs

2.11 2018 Recognition of Revised Statute

(R.S.) 2477 on Public Lands

2.12 2018 Amendment to Federal Civil Rights

Act

2.13 2019 Equal Access to Justice Act

2.14 2021 Border Security and Funding

2.15 2019 National Historic Preservation Act

Amendment

2.16 2018 National Environmental Policy Act

3 WILDLIFE

3.1 2017 Predator and Wildlife Damage

Control & Wildlife Services

3.2 2021 Prairie Dogs

3.3 2017 Desert Tortoises

3.4 2017 Delisting of Wolves and Grizzly

Bears

3.5 2021 Landowner Action for Wolf

Depredation on Private and Federal

Lands

3.6 2019 Sage Grouse Recovery

3.7 2019 Mexican Gray Wolf

3.8 2018 Livestock/Wildlife Interactions

3.9 2019 Bison Grazing on Public Lands

3.10 2021 Federal Management of Non-Listed

Species

3.11 2017 Species and Habitat Conservation

Action Planning and

Implementation

4 RESOURCE ISSUES

4.1 2017 Fire Resistant Plant Species

4.2 2018 Land Use Monitoring

4.3 2018 Rangeland Improvement and

Betterment Funds

4.4 2019 Innovative Rangeland Monitoring

4.5 2017 Control of Grasshoppers, Crickets

and Other Damaging Insects on

Federal Lands

4.6 2019 Rehabilitation of Sage Brush

Habitat from Fire and other

Disturbances

4.7 2020 Categorical Exclusions (CX or CE)

4.8 2020 Off-Season Targeted Grazing

5 PROPERTY RIGHTS

5.1 2019 U.S. Fish and Wildlife Service and

National Marine Fisheries Service

5.2 2019 Range Monitor Funding

5.3 2018 Livestock Impoundment

5.4 2019 Water Rights on Federal Lands

6 SPECIFIC INITIATIVES

6.1 2019 Wild and Scenic Rivers

6.2 2018 National Park Service Resource

Management Review

6.3 2018 Voluntary Mitigation Plans

6.4 2019 Off-Road Vehicles

6.5 2017 Catastrophic Wildfire

6.6 2019 Local Economy and Lifestyle in

Public Land Management

Decisions

6.7 2021 Livestock Grazing as a Primary

Tool

6.8 2019 Shared Stewardship

1. ADMINISTRATIVE AND REGULATORY

FL 1.1

2019/Renewed

Federal Lands Management

BE IT RESOLVED, NCBA will continue to

support sound, scientific stewardship on federal lands

providing for a thriving livestock industry, sustainable

rangelands resulting in quality watersheds, productive

wildlife habitat, food and fiber, a viable economy and

strong tax base. Federal lands policy should

encourage sustainable range improvements, and must

guarantee water rights in accordance with state law,

private property rights, and due process of law.

BE IT FURTHER RESOLVED, federal

lands grazing management shall meet the following

principles:

• Measurable and attainable, short-term and

long-term management objectives.

• Continued responsible stewardship.

• Sustainable commodity production.

• Healthy communities and viable rural

economies, tied to responsible resource

production.

• Protection of private property rights.

• Recognition of economic and ecological

values.

• Recognition of the interdependence of

private, state and federal lands.

• Timely inclusion of permittees and local

governments in all decision-making

processes.

BE IT FURTHER RESOLVED, NCBA

should continue to strive for a reasonable federal

grazing policy which recognizes the above principles.

FL 1.2

2020/Renewed

Local Compliance with Executive Order #12630

WHEREAS, the ownership of private

property and the right to be secure in the ownership of

private property is the foundation of this free country,

and

WHEREAS, the 5th and 14th Amendments

to the U.S. Constitution and numerous Supreme Court

decisions have recognized and upheld the right of

private property ownership, and

WHEREAS, the Attorney General of each

sovereign state has the legal responsibility to uphold

the Constitution, and therefore to protect private

property rights, and

WHEREAS, Presidential Executive Order

12630 has strengthened the mechanism for protecting

Constitutionally guaranteed private property

ownership rights by requiring that all federal agencies

file a Takings Implication Assessment (TIA) to

determine the effect of their federal actions on private

property rights, and

WHEREAS, the 5th and 14th Amendments

to the U.S. Constitution require the payment of just

compensation to a private property owner any time

private property rights are diminished,

THEREFORE BE IT RESOLVED, NCBA

urges the Attorney General of each state to direct all

county commissioners to ensure compliance with the

mechanism designed to protect each citizen’s right to

be secure in the right to own private property.

BE IT FURTHER RESOLVED, NCBA

urges the Attorney General of each state strengthen the

processes which will ensure due process for those

private property owners.

BE IT FURTHER RESOLVED, NCBA

urges county commissioners to support Executive

Order 12630 requesting all federal agencies complete

a TIA on all federal projects or regulations affecting

private property rights, both on private and federal

lands.

BE IT FURTHER RESOLVED, should a

TIA show that private property rights will be

diminished by a federal action or regulation, proper

local authority must institute proceedings to ensure

that just compensation is paid to the private property

owner in the event of a taking.

FL 1.3

2021/Renewed

Injunction Review

WHEREAS, court injunctions have been

used to halt historic grazing rights until litigation and

bureaucratic processes can be completed, and

WHEREAS, the sudden loss of these historic

grazing rights creates undue economic hardships for

grazing permittees that are affected by these

injunctions,

THEREFORE BE IT RESOLVED, NCBA

seeks legislation that prohibits court ordered

injunctions preventing grazing, pending completion of

agency processes.

FL 1.4

2017/Amended

Agency Range Budget

BE IT RESOLVED, NCBA supports

adequate funding for United States Forest Service and

Bureau of Land Management agency budgets and

program emphasis to meet legislated range

management functions and mandates in order to

ensure sound and sustainable multiple use

management,

BE IT FURTHER RESOLVED, NCBA

supports matching range program emphasis and

budget to corresponding range production outputs,

BE IT FURTHER RESOLVED, NCBA

encourages Congressional efforts to clarify that the

cost of administering the whole of federal range

programs is inclusive of users, statutory mandates, and

obligatory federal regulatory actions, many of which

are not applicable to the costs of administering the

livestock grazing portions of these programs.

FL 1.5

2021/Renewed

Trespass

WHEREAS, instances of historic

unintentional agricultural trespass on federal lands

continue to be uncovered, and

WHEREAS, existing processes for resolution

of such trespasses are inefficient, excessively lengthy,

and costly to both agricultural users and the federal

agencies,

THEREFORE BE IT RESOLVED, NCBA

requests that the Unintentional Agricultural Trespass

section of the Federal Land Policy Management Act

be reinstated to handle disposition of these lands.

BE IT FURTHER RESOLVED, non-willful

trespass of livestock on federal land should not be

subject to citation.

FL 1.6

2017/Renewed

National Forests and Grasslands Management

WHEREAS, numerous questions have arisen

regarding the current status of the legal authority to

manage the national grasslands and other lands within

the National Forest System,

THEREFORE BE IT RESOLVED, NCBA

supports all efforts to assure fair and legal

management of all National Forest System lands.

FL 1.7

2017/Amended

Permit Renewals

WHEREAS, the continuance of grazing

under a permit beyond the date of expiration does not

eliminate the obligation to complete National

Environmental Policy Act (NEPA) on Bureau of Land

Management (BLM) and United States Forest Service

(USFS) permits and leases,

THEREFORE BE IT RESOLVED, the

USFS and BLM allocate appropriate levels of

funding, and maintain adequate levels of staffing to

complete the grazing allotment NEPA documents and

grazing permit renewals, internally communicate the

priority of completing these actions for the affected

allotments, and reassign specialists to complete the

input required for the permits to ensure that grazing is

allowed to continue.

FL 1.8

2019/Renewed

Direct Access to Federal Court

WHEREAS, administrative appeals and

objections procedures available within the United

States Forest Service and Bureau of Land

Management are a time-consuming and extremely

expensive process, and

WHEREAS, the appeals and objections

process is a mandatory procedure that must be

exhausted before receiving a hearing before a federal

court,

THEREFORE BE IT RESOLVED, NCBA

supports legislation granting permittees direct access

to federal court,

BE IT FURTHER RESOLVED, NCBA

supports legislation granting federal lands grazing

permittees the right to trial De Novo in the federal

courts in any appeal of a final administrative decision

involving the permittee.

FL 1.9

2018/Amended

Compensation for Cuts in Permitted Animal Unit

Months

BE IT RESOLVED, NCBA recommends

that in the case of permitted animal unit months

(AUMs) being reduced or taking of permits by a

federal agency, that the permittee be allowed by the

Internal Revenue Service to use the loss as a capital

loss at the time the cut is implemented,

BE IT FURTHER RESOLVED, that

agencies pay fair market value for cuts in AUMs.

FL 1.10

2019/Amended

Notice to Permittees

BE IT RESOLVED, all public land agencies

notify affected permittees, the Public Lands Council

(PLC), and affected livestock associations prior to

entering into memoranda of understanding which

affect grazing permits.

BE IT FURTHER RESOLVED, formal

notice shall be sent to permittees and lessees,

particularly those that qualify as an Affected Interest,

in a timely manner to allow them to participate in any

proposed agency action.

FL 1.11

2019/Amended

Legal Public Access

WHEREAS, state and federal agencies

publish maps for hunting interests and other multiple

uses in certain states, and

WHEREAS, many roads on the published

maps are private roads,

THEREFORE BE IT RESOLVED, NCBA

recommends all public land agencies which participate

in the publication of such maps designate all private

roads as “PRIVATE” in their next printing.

BE IT FURTHER RESOLVED, NCBA

recommends roads which are not available for use by

the public be marked “NO PUBLIC ACCESS” on

maps published by all public land agencies.

BE IT FURTHER RESOLVED, NCBA

opposes any imposition of public access on unwilling

landowners or any taking of private access by

prescriptive easement not established by state law.

FL 1.12

2018/Renewed

Federal Land Acquisition and Exchanges

WHEREAS, all federal agencies from time to

time propose acquisition or exchange of lands with

state, county, private, and other landowners for the

purpose of consolidating land ownership, and

WHEREAS, such land exchanges can result

in improved resource management and other benefits

for ranchers, communities, and the federal

government, and

WHEREAS, certain land exchanges have the

potential to cause great economic harm to existing

ranching operations, possibly resulting in the loss of

private property rights, valid pre-existing rights, water

rights, and improvements,

THEREFORE BE IT RESOLVED, NCBA

encourages an accelerated process of exchange or

direct sale of tracts of federal lands to adjacent

landowners, while recognizing the historic use of the

land for purposes of valuation to provide for more

realistic and economic management of land resources

for increasing revenues to the economic bases of the

local areas.

BE IT FURTHER RESOLVED, public

agencies should pay a fair share of the costs involved

in an exchange or sale.

BE IT FURTHER RESOLVED, NCBA

strongly opposes any land exchange that will have a

negative impact on a permittee or local community.

BE IT FURTHER RESOLVED, federal,

local, and state agencies hold public hearings in the

communities affected by the proposed land exchanges

in order to fully identify the expected economic impact

to ranching operations and local communities.

BE IT FURTHER RESOLVED, NCBA

opposes further acquisition of private property in the

name of conservation or public use without just

compensation.

BE IT FURTHER RESOLVED, NCBA

requests the Administration adopt and support a “no

net loss” policy for private property.

BE IT FURTHER RESOLVED, land

acquired by the federal government along with

preference rights should be adjudicated for grazing

pursuant to the Taylor Grazing Act.

FL 1.13

2018/Amended

U.S. Forest Service (USFS) and Bureau of Land

Management (BLM) Rangeland Management

Positions

WHEREAS, rangeland management is an

integral aspect of multiple resource management, and

WHEREAS, some federal rangeland

management positions have been filled throughout the

USFS and BLM with inadequately trained personnel,

THEREFORE BE IT RESOLVED, NCBA

advocates that USFS and BLM funds be made

available for rangeland management positions for

purposes of hiring personnel trained in rangeland

management or a closely related field so as to better

support the national policy of multiple use

management,

BE IT FURTHER RESOLVED, NCBA

advocates for such positions to be filled with qualified

personnel in numbers sufficient to meet demand

throughout the West.

FL 1.14

2019/Amended

Multiple-Use

BE IT RESOLVED, NCBA supports the

multiple-use management concept on federal lands.

BE IT FURTHER RESOLVED, NCBA

opposes Congressional or administrative designations

that intentionally or otherwise result in single-use

management or emphasis on single-use allotments in

derogation of the long-standing principle of multiple-

use.

FL 1.15

2019/Renewed

Grazing Advisory Boards

WHEREAS grazing advisory boards are an

important liaison between grazing permittees and

federal land management agencies, and

WHEREAS these boards can serve an

important function today in improving communication

between permittees and land management agencies,

THEREFORE BE IT RESOLVED, NCBA

requests that the U.S. Department of Interior, Bureau

of Land Management (BLM) and U. S. Department of

Agriculture - Forest Service (USFS) reinstate, where

not already present, Grazing Advisory Boards under

any county’s cooperative agency status with federal

agencies.

FL 1.16

2017/Amended

Grazing Appeals of Forest Service Decisions

WHEREAS, the current United States Forest

Service grazing appeals process requires appeals to be

made to the next highest line officer, and

WHEREAS, this process results in a reversal

of decisions unfavorable to grazing permit holders in

less than five percent of appeals,

THEREFORE BE IT RESOLVED, NCBA

seeks statutory or regulatory change to require, at the

option of the permittee, required administrative

appeals of Forest Service grazing permit decisions

pursuant to 36 CFR Part 251, subpart B, to be held on

the record before an independent hearing officer or

administrative law judge, with the right to confront

and cross examine agency employees in accordance

with the requirements of the federal Administrative

Procedures Act, 5 U.S.C. 551 et. seq.

FL 1.17

2018/Renewed

Appeal of Bureau of Land Management (BLM)

Decisions

WHEREAS, when a decision to renew,

transfer, or modify a grazing permit is appealed by a

permittee, that decision currently stands unless a

petition to stay is granted, and such decisions can

cause great economic and ecologic harm due to the

length of time required to resolve appeals,

THEREFORE BE IT RESOLVED, BLM

change its grazing regulations so that staying of an

adverse decision, when appealed by a permittee,

should be automatic and not require a petition for the

granting of that stay.

BE IT FURTHER RESOLVED, the

permittee or lessee should be allowed to continue

ongoing use under the existing permit until the appeal

is resolved, and the agency promulgating the adverse

decision should bear the burden of proof to show that

their decision is appropriate.

FL 1.18

2018/Renewed

Interested Public

WHEREAS, in the current grazing

regulations, the term “interested public” has been

interpreted to allow any individual, regardless of direct

economic interest, the ability to affect and interrupt the

day-to-day operations of the Bureau of Land

Management (BLM) and Forest Service,

THEREFORE BE IT RESOLVED, NCBA

recommends the BLM and Forest Service incorporate

regulation changes stating that interested public

should only participate in allotment management at the

resource management planning level, unless the

permittee seeks to participate in a collaborative

management effort.

FL 1.19

2018/Amended

Permit Issuance and Transfer

WHEREAS, the Taylor Grazing Act gives

the right of automatic renewal to permittees, and

WHEREAS, the National Environmental

Policy Act (NEPA) only applies to major federal

actions significantly impacting the human

environment, and simple permit transfers and renewals

do not qualify as major federal actions, and

WHEREAS the permit renewal and transfer

process can be unnecessarily time-consuming and

arduous,

THEREFORE BE IT RESOLVED, NCBA

supports the following:

1. Renewal of a term grazing permit should

not require NEPA compliance as such

renewal is required pursuant to the

Taylor Grazing Act and the

Administrative Procedures Act.

2. Renewal of the terms and conditions in a

term grazing permit, if there are no

changes to those terms and conditions

and if the allotment is meeting all

Rangeland Health Standards, may be

completed via a categorical exclusion.

3. NEPA analysis should not be required

for activities that implement the goals of

a Resource Management Plan that has

met existing NEPA requirements, or for

the renewal or transfer of grazing

permits unless significant modification

of the permit is occurring.

4. Bureau of Land Management (BLM)

and U.S. Forest Service (USFS) should

take actions to simplify and streamline

the permit transfer process so that it is

conducted in a timely manner in order to

ensure the continued viability of the

livestock permit.

5. Permits shall be transferred or renewed

with the same terms and conditions of

the existing permit where the BLM and

USFS have determined that

documentation of proposed changes with

respect to expiring or transferring term

permits is not complete.

BE IT FURTHER RESOLVED, NCBA

work to find a long-term strategy in order to complete

the environmental review process in a timely,

thorough, and practical fashion,

BE IT FURTHER RESOLVED, NCBA

work to ensure that no permittee will be deprived of

the reissuance of a grazing permit or lease because the

Secretary of Agriculture or Secretary of Interior failed

to complete the NEPA review prior to expiration or

transfer of any permit or lease,

BE IT FURTHER RESOLVED, NCBA

work to ensure any permit application process is

consistent with the Taylor Grazing Act, specifically

with respect to its provision regarding the automatic

renewal of permits, and with the Administrative

Procedures Act.

FL 1.20

2018/Renewed

Preference

WHEREAS, the term "preference" has been

redefined from its historic definition, and

WHEREAS, the intent of Congress in the

Taylor Grazing Act has been changed from, "the total

number of Animal Unit Months (AUMs) of livestock

grazing on public lands apportioned and attached to

base property owned or controlled by a permittee or

lessee," to " a superior or priority position against

others for the purpose of receiving a grazing permit or

lease," and

WHEREAS, this change has the effect of

removing any recognition by the Bureau of Land

Management (BLM) that Congress, in the Taylor

Grazing Act, intended for western family ranches

holding BLM grazing permits, and

WHEREAS, by this Act, leases were given a

priority position above all others for a legally

adjudicated number of federal AUMs, called the

"preference right," and

WHEREAS, in the majority of situations

where the number of federal livestock AUMs currently

authorized by BLM Land Use Plans for active use by

livestock in the ten-year permits, or leases held by

these ranchers, is less than the “preference right” of

federal AUMs adjudicated to these ranches as a result

of Land Use Plan Decisions to reserve federal forage

for uses other than livestock, and

WHEREAS, a lack of recognition by the

federal government of the “preference right” of AUMs

has a severe adverse impact on the economic value and

stability of these ranches,

THEREFORE BE IT RESOLVED, NCBA

supports the return of the definition of the term and

concept of "preference right" to that used prior to the

BLM grazing regulations of 1995, so as to reflect the

original and historic intent the Taylor Grazing Act by

giving the appropriate ranches a priority position for a

certain number of adjudicated "preference right"

AUMs.

FL 1.21

2019/Renewed

Fence Height Requirements

WHEREAS, fences are built to control

livestock and to keep cattle away from highways and

roads, and

WHEREAS, the height of a fence determines

the effectiveness of controlling and containing

livestock, and

WHEREAS, the control of livestock is a

public safety issue, and

WHEREAS, the control of livestock is for the

good of maintaining personal property, and

WHEREAS, some agencies will not permit

fences to be built in excess of forty inches high, and

WHEREAS, a fence with only a forty-inch

height is in most cases not adequate for the control of

livestock,

THEREFORE BE IT RESOLVED, NCBA

works with agencies to amend their requirements for

fences to allow for all livestock fences to be built up

to a fifty-two inch height.

FL 1.22

2018/Renewed

Open Range Fencing

BE IT RESOLVED, NCBA supports

regulations which make it incumbent on the owner of

the private land to build and maintain a legal fence

around the land if he wishes to keep cattle off his

private property within United States Forest Service

and Bureau of Land Management property boundaries

not fenced prior to 1928,

BE IT FURTHER RESOLVED, NCBA asks

federal agencies to comply with the same fence laws

and traditional fencing practices as private property

owners within each state.

FL 1.23

2019/Renewed

Wolf Predation Reporting

WHEREAS, the number of livestock kills

confirmed by USDA Wildlife Services is only a small

fraction of actual livestock kills,

THEREFORE BE IT RESOLVED, NCBA

encourage USDA Wildlife Services to develop

scientifically acceptable total kill projections and to

consistently report not only confirmed and probable

livestock kill numbers, but also likely kill numbers,

BE IT FURTHER RESOLVED, NCBA

encourage USDA Wildlife Services to develop cost

analyses and proposed mitigation strategies for the

indirect costs, and to report these indirect costs along

with the kill statistics.

FL 1.24

2019/Amended

Permittee Input into Public Lands Management

Decisions

WHEREAS, Section 8 of PL-95-514 (Public

Rangelands Improvement Act) specifically requires

consultation, cooperation and coordination with

lessees, permittees, landowners, District Grazing

Advisory Boards, and state agencies involved in the

development, revision, or evaluation of allotment

management plans,

THEREFORE BE IT RESOLVED, NCBA

supports formal Section 8 consultation policies with

the Forest Service (USFS), Bureau of Land

Management (BLM) and the nation’s governors to

ensure permittee involvement.

FL 1.25

2019/Renewed

Conservation Agreements and Interconnectivity

of Land Management

WHEREAS, species and species’ habitat

occur on a landscape scale that includes public and

private lands, and

WHEREAS, voluntary conservation efforts

and management are occurring across public and

private lands, and

WHEREAS, federal land permittees are

dependent upon public lands grazing to provide

economic stability, working landscapes and species

habitat, and

WHEREAS, existing regulation allows

federal land management agencies to enter into

agreements that acknowledge species management

across land ownership boundaries, e.g. candidate

conservation and safe harbor type agreements, and

WHEREAS, federal land management

agencies have been unwilling to enter into

conservation agreements that include federal lands for

species management,

THEREFORE BE IT RESOLVED, that

NCBA request U.S. Fish and Wildlife Service (FWS),

U.S. Forest Service (USFS), and the Bureau of Land

Management (BLM) to acknowledge the

interconnectivity of public and private lands and to

recognize that the ability to maintain large open

private lands is dependent on the long term

sustainability and use of the public lands for grazing,

and

BE IT FURTHER RESOLVED, that NCBA

encourage federal lands management agencies to enter

into conservation agreements with the FWS in

consultation with federal land permittees that

complement private landowner agreements and which

allow for the management of species across landscape

boundaries and ensures the economic stability of

public land ranches.

FL 1.26

2019/Renewed

On-Refuge and Park Hunting

WHEREAS, big game spend a significant

percentage of the year on deeded land, and

WHEREAS, big game impact private

pastureland, cropland, fences, and other privately-

owned improvements throughout the country, and

WHEREAS, big game numbers in certain

regions of the country tend to be increasing, and

WHEREAS, the state game management

agencies have been unsuccessful in these regions in

reaching targeted population objectives, and

WHEREAS, a large number of big game seek

a safe haven on wildlife refuges and parks before and

during hunting seasons, that protects them from being

harvested,

THEREFORE BE IT RESOLVED, NCBA

requests that the U.S. Department of Interior authorize

on-refuge and on-park hunting seasons of big game, as

they currently do with water fowl, to provide

necessary herd management, dispersal, and

maintenance of population objectives.

FL 1.27

2020/Renewed

Endangered Species-Environmental Impact

Statement

WHEREAS, the implementation of the ESA

has far reaching implications concerning agricultural

practices in areas where endangered species exist,

THEREFORE BE IT RESOLVED, NCBA

supports the completion of an economic analysis and

an environmental impact statement by the proposing

agency, including the impact of the acquisition or

relocation on the local, county, state, and national

economies before the taking of any land and/or water

for the use of endangered species or before a

threatened or endangered species may be moved,

relocated or introduced.

FL 1.28

2021/ Renewed

Legislative and Regulatory Revisions for Grazing

Permit Administration

WHEREAS,

current federal laws and

regulations, and the judiciary’s interpretation thereof,

regarding federal grazing permit administration have

created a malfunctioning system whereby radical

environmental groups are able to stymie on-the-

ground management and use of federal lands through

an aggressive litigation strategy, and

WHEREAS,

these issues of concern include:

1. Ease for activists to gain interested public

status.

2. The burden of proof is borne by the grazing

permittee in the administrative appeals

process.

3. The Office of Hearing and Appeals does

not follow the Administrative

Procedures Act’s (APA) standard of

proof as it relates to resource decisions.

4. The elimination of an automatic stay of

a Bureau of Land Management decision

when it is appealed.

5. The APA does not currently apply to

Forest Service permittees.

THEREFORE

BE IT RESOLVED, NCBA

requests the following changes to federal

laws and regulations:

1. The Federal Land Policy and

Management Act and the National

Forest Management Act (NFMA) should

be amended to require that participants

in the grazing permit decision making

process have Constitutional standing.

2. The burden of proof should comply with

the burden set by the APA in requiring

that the federal agencies bear the burden

of showing that their decisions are

correct in law and in fact.

3. The standard of proof should be changed

so that the Bureau of Land Management

has to prove its case by a preponderance

of the evidence.

4. The Bureau of Land Management’s

grazing regulations should be amended

to return to pre-Rangeland Reform

language so that decisions are

automatically stayed if appealed, unless

fact-specific circumstances support a

decision in “full force and effect”.

The NFMA should be amended so that

USFS permittees can challenge agency

decisions “on the record” under the

APA.

FL 1.29

2017/Renewed

Toxic Rotenone and/or Antimycin A

WHEREAS, NCBA is concerned about

potential human, livestock, wildlife, and

environmental impacts of the use of Rotenone and/or

Antimycin A on federally managed lands, and

WHEREAS, some federal agencies currently

plan to use various formulations of Rotenone and/or

Antimycin A to eliminate all native fish, non-native

fish, and macro -invertebrates in streams scheduled for

renovation on federally managed lands, and

WHEREAS, there are peer reviewed,

published, scientific papers linking Rotenone and

Parkinson’s disease,

THEREFORE BE IT RESOLVED, that

NCBA oppose the use of Rotenone and/or Antimycin

A for the killing of native, nonnative, and macro-

invertebrate aquatic species on federally managed land

unless a project-specific Environmental Impact

Statement (EIS), prepared in accordance with

stipulations of the National Environmental Protection

Act, analyzes potential effects on humans, livestock,

and wildlife in the affected watershed.

FL 1.30

2019/Amended

State Entitlement

WHEREAS, the Federal government owns

and controls vast areas of land and mineral resources

in many states, particularly in the West, and

WHEREAS, these states have minimal

ability to control and manage the development and use

of these resources, and

WHEREAS, the property tax base of these

states is greatly diminished by this federal ownership

of resources, and

WHEREAS, Congress has acted to reduce

the inequities caused by this federal ownership by

providing for certain payments to the states be derived

from these resources, and

WHEREAS, the creation of the National

Forest System in 1905 encompassing 153 million

acres of forest land diminished rural forest counties’

tax bases, and

WHEREAS, rural forest counties’ tax bases

support essential community infrastructure, including

schools and roads, and

WHEREAS, PL 106-393, a compact between

the people of rural forest counties and the federal

government, provides relief from the diminishing tax

base through the development of forest health

improvement projects and stimulation of job

development and economic stability,

THEREFORE BE IT RESOLVED, NCBA

strongly opposes actions by the Federal government to

withhold Abandoned Mine Land monies, Payments in

Lieu of Taxes (PILT), impact aid, federal mineral

royalty payments due the states, and other monies to

which the states are entitled.

BE IT FURTHER RESOLVED, NCBA

opposes further Federal government threats to

permanently confiscate these funds.

BE IT FURTHER RESOLVED, NCBA

supports all efforts by the states to assure recapture and

continued receipt of these funds.

BE IT FURTHER RESOLVED, NCBA

supports PL 106-393 and its renewal with funding

levels that adequately provide resources necessary for

the Act to function properly.

FL 1.31

2020/Renewed

Notification and Reissuance for Vacant

Allotments

WHEREAS, public land grazing allotments

periodically become vacant, and

WHEREAS, improper disposition of vacant

allotments may harm the stability and growth of the

livestock industry, and

WHEREAS, vacant allotments are not being

reissued in a timely manner, nor is the process of

restocking being done consistently,

THEREFORE BE IT RESOLVED, the

federal land management agencies shall notify the

local or state livestock organizations when an

allotment is vacant and on an annual basis inform these

groups the total number and location of all vacant

allotments.

BE IT FURTHER RESOLVED, federal land

management agencies put vacant allotments up for

advertisements and reissuance to qualified applicants.

BE IT FURTHER RESOLVED, that vacant

allotments for which there is a qualified applicant, be

kept on or added to the Rescissions Act or other permit

renewal schedules as a priority in order to be

compliant with NEPA and allow grazing.

FL 1.32

2019/Amended

Federal Land Designations

WHEREAS, the Federal Executive Branch

has continuously and aggressively designated millions

of acres of land throughout the western United States

(U.S.) as national monuments under the Antiquities

Act, which directs the President to designate “the

smallest area essential to ensure the proper care and

management of the objects to be protected,” and

WHEREAS, other federally-designated lands

include but are not limited to wilderness, wilderness

study areas, wildlife refuges, national parks,

monuments, and conservation areas, as well as Bureau

of Land Management and U.S. Forest Service lands,

and

WHEREAS, the U.S. has wilderness areas

which far exceed the original vision and intent of the

Wilderness Act of 1964, and

WHEREAS, these land designations

continue to restrict access and increase regulation

regarding use of the land, which destroys the social

and economic fabric of the local area,

THEREFORE BE IT RESOLVED, NCBA

will support state affiliates in opposing monument

designations where appropriate, and will work toward

the reversal, repeal, or reduction of the size and scope

of National Monument designation.

BE IT FURTHER RESOLVED, NCBA

supports modification of the Antiquities Act to

include:

• A requirement for congressional and

local government approval of

Presidential Designations.

• A requirement that existing levels of

grazing be maintained.

• An exemption of western states from the

Antiquities Act.

• A requirement that approval be granted

by local residents and stakeholders.

• A requirement that appropriate

economic and environmental review be

completed prior to national monument

designations.

BE IT FURTHER RESOLVED, NCBA

requests that all legislation and funding that is pending

for federal land designations be suspended.

BE IT FURTHER RESOLVED, in the event

a designation occurs, NCBA will work with impacted

producers, federal agencies, and local governments to

secure the best operating environment possible.

BE IT FURTHER RESOLVED, NCBA

strongly opposes further identification of wilderness

areas, National Parks, Wild and Scenic Rivers,

national conservation areas, primitive areas, wildlife

refuges, or other special use areas which take away

multiple-use of the land.

BE IT FURTHER RESOLVED, existing

wilderness areas and wilderness study areas should be

reexamined and only those areas that meet the criteria

specified in the Wilderness Act should remain

wilderness or be designated as wilderness and that all

other areas should be released back to multiple-use

management.

BE IT FURTHER RESOLVED, NCBA

opposes the identification of special characteristics of

land and/or water as a tool to restrict multiple-use.

FL 1.33

2017/New

Transfer of Federal Lands

WHEREAS, the Taylor Grazing Act,

Multiple-Use and Sustained Yield Act, Federal Land

Policy and Management Act, National Forest

Management Act, and other federal statutes (The Acts)

collectively contain a strong mandate for multiple-use

management of federal lands and grazing in particular,

and

WHEREAS, proper management of the

federal estate is not possible without the extraordinary

contribution made by federal grazing permit holders,

who steward hundreds of millions of acres of federal

land to the benefit of all Americans, and

WHEREAS, despite this mutually beneficial

relationship, federal land management has strayed

from that mandate by ignoring local input,

disenfranchising federal grazing permit holders, and

crippling the local economies that depend on the cattle

industry and other multiple uses, and

WHEREAS, frustration over failures in

federal land management have caused some to seek

the wholesale transfer of these lands to the states,

which, due to changing demographics and

urbanization in the west, could potentially result in

unintended consequences including lost preference

rights, erosion of multiple use, and destabilization of

the western cattle industry, all to the detriment of land

health,

THEREFORE BE IT RESOLVED, NCBA

demands the restoration and proper application of The

Acts, in particular the mandates for multiple use and

protection of grazing rights,

BE IT FURTHER RESOLVED, NCBA will

seek and advocate for enhancement of the role of state

and local government input and authority into the land

use planning and management of federal lands where

appropriate,

BE IT FURTHER RESOLVED, NCBA

recognizes that wholesale transfer of federal lands

does not address the issues currently faced by our

industry and is distinctly different from the orderly

transfer of federal lands marked by the federal land

management agencies, which can be mutually

desirable and beneficial for all parties. NCBA will

support the latter when such mutual agreement exists

and where care has been taken to preserve grazing

protections in the process.

FL 1.34

2019/Amended

Wild Horses & Burros

WHEREAS, excessive numbers of feral

horses and burros cause increased deterioration of

range conditions in many areas of the West, and

WHEREAS, NCBA is concerned with the

escalation in costs of the Wild Horse and Burro

Program, and

WHEREAS, the effective end of horse

slaughter has exacerbated the problem of unwanted

horses being abandoned on public lands,

THEREFORE BE IT RESOLVED, NCBA

supports legislation that would provide for:

• Immediate identification of appropriate

population levels where not currently

identified, enforcement of currently

permitted numbers, and engagement in

the management and removal of wild

horses and burros, to levels that will

allow the herd population not to exceed

permitted numbers.

• A re-opening of a period to allow

ranchers to claim horses and burros not

previously removed from federal and

private lands.

• Authorization for sale (and immediate

title transfer), or disposal, of unadopted

horses and burros by the Bureau of Land

Management/United States Forest

Service with sales receipts to be used in

the Wild Horse and Burro Program.

• A finding that permittee owners of state

water rights and related facilities are not

responsible for providing water for wild

horses and burros without prior

agreement and unless permittees are

compensated for expenses incurred.

• A restriction of wild horse and burro

populations to lands occupied in 1971

when the Wild Horse and Burro Act was

enacted.

BE IT FURTHER RESOLVED, NCBA

supports the recommendations of the Wild Horse and

Burro Advisory Board and urges the Secretaries of

Agriculture and Interior to immediately implement

them.

BE IT FURTHER RESOLVED, federal land

management agencies should bear all costs of range

improvements damaged by feral horses.

BE IT FURTHER RESOLVED, NCBA

favors a comprehensive program including fertility

control, sex ratios, and other humane means of herd

reduction in accordance with the management options

authorized to be used by the Bureau of Land

Management under the strictures of the Free Roaming

Wild Horse and Burro Act of 1971, in lieu of

acquisition of private land.

FL 1.35

2019/New

Federal Lands Recreation

WHEREAS, public lands are dedicated to the

beneficial use of all the people, and

WHEREAS, the basic concept upon which

use of public lands by the people was that of multiple

use, and

WHEREAS, responsible recreation on

federal lands is compatible with livestock

management when practiced in a manner consistent

with multiple-use mandates,

THEREFORE BE IT RESOLVED, NCBA

engage in the continued dialogue surrounding the

complexities of recreation, conflicts with livestock

grazing, and the lack of agency management on

multiple-use landscapes.

BE IT FURTHER RESOLVED, NCBA

recommends that the federal agencies administering

federal lands continue to maintain and enforce a true

multiple use policy and resist actions of recreational

organizations who are moving towards a single-use

concept.

BE IT FURTHER RESOLVED, NCBA

opposes the adverse modification of grazing permits

as mitigation for recreational impacts.

FL 1.36

2020/New

Collaborative Forest and Rangeland Management

Programs

WHEREAS, the Omnibus Public Land

Management Act of 2009 established the

Collaborative Forest Landscape Restoration Program

(CFLRP) to encourage the collaborative, science-

based ecosystem restoration of priority forest

landscapes, and

WHEREAS, there are several other efforts

aimed at fostering collaborative management of

federal lands including the Good Neighbor Authority

and Shared Stewardship agreements, and

WHEREAS, these efforts have the potential

to allow for more common-sense, site-specific

management of federal lands but they have been

primarily focused on timber projects, and

WHEREAS, livestock grazing provides

multiple benefits to federal lands, including fuels

management, but grazing as a beneficial treatment in

USFS and Bureau of Land Management (BLM)

projects has been largely overlooked as

implementation of these collaborative approaches

have occurred,

THEREFORE BE IT RESOLVED, as

CFLRP comes up for reauthorization and BLM

vegetation management NEPA, NCBA seeks the

inclusion of additional language which specifically

acknowledges livestock grazing and recognizes the

contribution of livestock grazing to fuels management

and fire risk reduction, forest and rangeland health,

and the sustainability of local economies.

BE IT FURTHER RESOLVED, NCBA also

promotes the inclusion of livestock grazing in

vegetation management NEPA collaborative

programs and the coordination of other planned

treatment methods with grazing to result in more

effective and complete restoration efforts and other

projects.

2. LEGISLATIVE

FL 2.1

2019/Renewed

Federal Grazing Fee Formula

WHEREAS, NCBA supports the current

grazing fee formula set forth in the Executive Order,

THEREFORE BE IT RESOLVED, NCBA

supports a statutory Federal Grazing Fee formula that

is based on the current formula and meets all

requirements of current law, permanently protects

individual property rights and interests, preserves and

protects strong stewardship, has a sound, rational, and

defensible economic basis, maintain forage market

forces that balance federal and private costs, and not

disrupt or harm the livestock industry.

FL 2.2

2020/Amended

Removal of Grasslands from U.S. Forest Service

Jurisdiction

WHEREAS, national grasslands play a key

role in the stability and productivity of rural

communities, and

WHEREAS, the U.S. Forest Service is

required to manage grasslands under the principle of

multiple use for the good of the landscape and the

American people but has historically failed to balance

land management objectives,

THEREFORE BE IT RESOLVED, NCBA

supports ongoing efforts by the Association of

National Grasslands to remove the national grasslands

from U.S. Forest Service jurisdiction.

FL 2.3

2021/Renewed

Vested Grazing Rights

WHEREAS, each county has the right to

recognize by law that grazing on federal land is a

vested, split estate private property right, and

WHEREAS, first use of water and grazing

has been recorded or implied by preemption law,

prescriptive right, commensurability, IRS rulings,

and compensation by the military for lost animal unit

months (AUM), and

WHEREAS, the U.S. Congress created an

incentive to settle the West by recognizing grazing

and farming as one of the first beneficial uses for

which the land could be utilized,

THEREFORE BE IT RESOLVED, vested

grazing rights on split estate land be defined as

tangible private property and that all owners of grazing

rights be encouraged to record said property at the

county courthouse.

FL 2.4

2019/Amended

Vandalism on Federal Lands

WHEREAS, stockmen must have more

protection from eco-terrorists, environmental

extremists, and other individuals who kill or harass

livestock and destroy ranching facilities and

equipment, and

WHEREAS, it is a basic right of citizens to

protect their private property and to seek protection of

private property,

THEREFORE BE IT RESOLVED, NCBA

encourages the Bureau of Land Management (BLM)

and the USFS to enforce sections of the Federal Land

Policy and Management Act of 1976 that make it

unlawful to harass or obstruct the operation of any

activity under a grazing permit, and to prosecute

violators of said statutes to the fullest extent of the law.

BE IT FURTHER RESOLVED, NCBA

urges the BLM and USFS to utilize education and

enforcement efforts to discourage and curtail

vandalism on federal lands.

BE IT FURTHER RESOLVED, those

convicted of vandalism should be responsible for

repairing the damage which they have caused to

improvements and vegetation on federal rangelands.

FL 2.5

2021/Renewed

Water Rights-of-Way

WHEREAS, numerous water conveyance

systems on federal lands were constructed and in

operation prior to the passage of the Federal Land

Policy and Management Act of 1976 (FLPMA), and

WHEREAS, the states have granted water

rights to the holders of the rights-of-way for such

systems,

THEREFORE BE IT RESOLVED, NCBA

supports legislation to exempt from fees and

conditions under FLPMA the rights-of-way for water

conveyance systems on federal lands validly granted

under statutes that antecede enactment of FLPMA.

FL 2.6

2017/Amended

Access to Forest Inholdings

BE IT RESOLVED, NCBA supports the

amendment of 16 United States Code 478 to clarify

that the ingress and egress guaranteed by the statute

apply not only to initial settlers residing within the

boundaries of the National Forests, but to all patentees

and their successors in interest,

BE IT FURTHER RESOLVED, NCBA

supports clarifying legislation to guarantee

unencumbered access to existing roads and rights-of-

way for owners of patented property lying within the

boundaries of national forests in perpetuity.

FL 2.7

2017/Renewed

Davis—Bacon Act

BE IT RESOLVED, NCBA supports

exempting range improvement contracts of less than

$100,000 from the Davis-Bacon Act.

FL 2.8

2017/Renewed

Mining Laws

BE IT RESOLVED, NCBA supports

reasonable, diligent, and consistent enforcement of

existing regulations and adequate agency monitoring

in regards to locating, filing, and occupying mineral

claims on federal lands,

BE IT FURTHER RESOLVED, NCBA

strongly supports equally diligent and consistent

attention to regulations, enforcement, and monitoring

with regard to reclamation at the close of mineral

exploration or development activities.

FL 2.9

2018/Renewed

Fencing of Sensitive Areas

WHEREAS, the United States Forest Service

(USFS) and Bureau of Land Management (BLM)

frequently require fencing to exclude livestock from

areas they deem as being “sensitive,” such as riparian

areas, and

WHEREAS, the expense of building and

maintaining fences frequently is assigned to the

permittee, and

WHEREAS, there is a conflict of scientific

opinion on whether or not the complete exclusion of

livestock from riparian areas by fencing is necessary

to maintain those areas in a stable and/or improving

condition,

THEREFORE BE IT RESOLVED, NCBA

shall work to shift fence construction and maintenance

burdens to the federal land management agency that

mandates the exclusion of livestock use,

BE IT FURTHER RESOLVED, NCBA

urges all federal agencies to follow state fence laws,

BE IT FURTHER RESOLVED, NCBA

urges Congress to repeal the Unlawful Enclosures Act,

BE IT FURTHER RESOLVED, NCBA

opposes proposals by the federal land management

agencies for mandatory fencing of riparian areas along

streams or springs on the federal lands except where:

1. Alternate sources of livestock water are

identified, satisfactorily developed, and

made available for livestock use,

2. Privately owned state water rights in

federal riparian areas are fully

recognized and protected, including the

right of access across federal lands to

those waters and the use thereof,

3. Proposed sites are studied in full

cooperation, coordination, and

consultation with the livestock operator

and, where appropriate, the local

advisory boards, and

4. A comprehensive cooperative

agreement, including termination date,

adequate monitoring provisions, and an

assignment of all construction and

maintenance responsibilities is

voluntarily entered into between the

agency and the livestock operator.

FL 2.10

2019/Amended

Opposition to Grazing Permit Retirement

Programs

WHEREAS, range scientists have

determined that managed livestock grazing enhances

rangeland vegetation by accelerating plant succession,

increasing plant diversity, increasing plant

productivity, and reducing plant mortality during

drought, and

WHEREAS, numerous studies show many

desirable wildlife species benefit from livestock

grazing, and moderately grazed mid-seral rangelands

support a higher diversity of wildlife species than

those areas that are not grazed, and

WHEREAS, there is a strong socio-economic

basis to protecting viable livestock operations that

include federal grazing permits, in sustaining valuable

open space, county tax bases, and other important

sources of rural income, tradition and culture, and

WHEREAS, the livestock grazing industry is

opposed to any grazing programs that condone

extended periods of non-use beyond that which is

ecologically sustainable and in the best interest of

individual permittees, and

WHEREAS, there is strong political and

citizen opposition to the use of federal and or state tax

dollars to terminate grazing on federal grazing permits

owned by various entities and individual ranchers, and

WHEREAS, livestock producers and federal

grazing permit holders are entitled to sell or purchase

grazing permits and private property whenever they

decide it is in their best interest,

THEREFORE BE IT RESOLVED, while

NCBA recognizes the right of individual grazing

permittees to sell or otherwise dispose of their federal

grazing permits, NCBA supports the continuation of

livestock grazing on federal lands, and opposes any

programs that are intended to permanently retire or

vacate federal grazing permits.

FL 2.11

2018/Renewed

Recognition of Revised Statute (R.S.) 2477 on

Public Lands

WHEREAS, in 1866, the United States

Congress passed R.S. 2477, an open ended grant of

“the right-of-way for the construction of highways

over public lands, not reserved for public uses”, and

WHEREAS, although Congress repealed

R.S. 2477, with the passage of the Federal Land Policy

and Management Act of 1976, Congress purposely

protected all rights-of-way established prior to

October 21, 1976 in sections 509(a) and 701(a)(h), and

WHEREAS, unlike any other federal land

statute, the establishment of R.S. 2477 rights-of-way

required no administrative formalities: no entry, no

application, no license, no patent, and no deed on the

federal side; no formal act of public acceptance on the

part of the states or localities in which the right was

vested, and

WHEREAS, because R.S. 2477 rights-of-

way were not formally recorded, they have become

one of the more contentious land use issues in the

West, resulting in on-the-ground conflicts and

expensive litigation, and

WHEREAS, the 10th Circuit Court of

Appeal’s decision in Southern Utah Wilderness

Alliance (SUWA) v. Bureau of Land Management

(BLM) provides a thoughtful and reasonable way to

resolve road disputes between the federal government

and counties, and

WHEREAS, the cattle industry has

established a historic use of the stock drive and

machinery rights-of-way on public lands, and roads

established under R.S. 2477 are important to access

private ranch land, to the management of domestic

livestock grazing on public lands, and to the economic

stability of the rural west, and

WHEREAS, states provide the source of the

law for determining the scope of rights-of-way and

other property rights in this country,

THEREFORE BE IT RESOLVED, the

federal government rely on state law for determining

the existence and scope of R.S. 2477 rights-of-way on

public lands,

BE IT FURTHER RESOLVED, NCBA

supports recognition of historic livestock driveways

and machinery rights-of-way on public lands,

BE IT FURTHER RESOLVED, NCBA

supports the enactment of legislation that preserves the

principles for the establishment of R.S. 2477 rights-of-

way on public lands set forth in the 10th Circuit

decision in SUWA v. BLM.

FL 2.12

2018/Renewed

Amendment to Federal Civil Rights Acts

WHEREAS, the United States Supreme

Court has significantly limited the use of a “Bivens”

cause of action allowing private individuals to sue

individual federal employees for violations of

constitutionally guaranteed rights, and

WHEREAS, the Federal Civil Rights Act, 42

USC 3 1983, allows individuals to sue state and local

officials for violation of constitutionally guaranteed

rights,

THEREFORE BE IT RESOLVED, NCBA

supports an amendment to the Civil Rights Act, 42,

USC 1983, to include federal employees.

FL 2.13

2019/Amended

Equal Access to Justice Act

WHEREAS, the Equal Access to Justice Act

(EAJA) and other fee-shifting statutes provide for the

awarding of attorney fees and other expenses to parties

in litigation against the government, and

WHEREAS, an eligible party may receive an

award when it prevails over the government, and

WHEREAS, the Congressional intent of

EAJA and other fee-shifting statutes was to overcome

the inability of many Americans to combat the vast

resources of the federal government in administrative

and federal court adjudications and to redress the

imbalance between the government acting in its

discretionary capacity and the individual,

THEREFORE BE IT RESOLVED, NCBA

supports more stringent oversight as to how awards

made available through EAJA and other fee-shifting

statutes are accounted.

BE IT FURTHER RESOLVED, NCBA

supports specific Congressional initiatives to reform

EAJA and other fee-shifting statutes.

BE IT FURTHER RESOLVED, NCBA

urges Congress to conduct hearings to ascertain the

extent of the misuse of these fees and expense awards.

BE IT FURTHER RESOLVED, NCBA

urges Congress to require an annual report of EAJA

awards to the relevant committees in the House and

Senate.

BE IT FURTHER RESOLVED, NCBA

urges the federal government to limit the abuse of

EAJA and other fee-shifting statutes by groups who

seek only to profit from its purpose.

BE IT FURTHER RESOLVED, NCBA

supports the efforts to bring justice to EAJA.

FL 2.14

2021/Renewed

Border Security and Funding

WHEREAS, federally-designated lands

along the international border with Mexico and

Canada have demonstrated unfettered illegal access to

the U.S. by aliens from around the world, and

WHEREAS, this illegal ingress and egress is

posing extreme danger not only to those living and

working along the border but to the entire nation in

terms of personal safety, health, economic welfare,

and environmental safety and integrity, and

WHEREAS, these federally-designated lands

include but are not limited to wilderness, wilderness

study areas, wildlife refuges, national parks,

monuments, and conservation areas, as well as Bureau

of Land Management and USFS lands,

THEREFORE BE IT RESOLVED, NCBA

supports all legislation and authority for the

Department of Defense, the Immigration, Customs

and Enforcement, the U.S. Border Patrol, as well as

state and local authorities to secure the international

border with Mexico and Canada.

BE IT FURTHER RESOLVED, NCBA

requests that all legislation and funding that is pending

for federal land designations along the international

border be suspended.

FL 2.15

2019/Amended

National Historic Preservation Act Amendment

WHEREAS, Memoranda of Understanding

are being developed between federal agencies and

State Historic Preservation Officers which delay or

prevent the maintenance or improvement of existing

facilities on both federal and private lands,

THEREFORE BE IT RESOLVED, NCBA

supports legislation requiring that Section 106 of the

National Historic Preservation Act (NHPA) shall not

delay or impede the authorization or reauthorization of

any activity on federal lands where such activity has

been previously authorized.

BE IT FURTHER RESOLVED, NCBA

supports legislation containing provisions which does

not delay or impede the authorization for the

maintenance of existing facilities, nor the approval,

construction, or maintenance of environmental

mitigation measures.

FL 2.16

2018/New

National Environmental Policy Act

WHEREAS, ranchers across the country deal

with the National Environmental Policy Act (NEPA)

and its ramifications on a regular basis, and

WHEREAS, western ranchers operating with

federal grazing permits are particularly impacted due

to the high volume of unnecessary NEPA reviews

undertaken by the various federal agencies during

regular, ongoing land management, and

WHEREAS, this overuse of NEPA has

created endless opportunities for litigious groups to

disrupt rightful multiple-use operations, intimidate

family ranchers, and inappropriately influence policy

making, and

WHEREAS, these actions generally result in

reducing or prohibiting the customary uses of the

lands, losing the culture and lifestyles created by the

multigenerational occupational uses of the local

residents, and

WHEREAS, overuse, or use as a decisional

document, was not intended when the law was

enacted,

THEREFORE BE IT RESOLVED, NCBA

will pursue the following changes to the

implementation of NEPA:

1. Define and enhance the use of

Categorical Exclusions where

appropriate.

2. Enhance and define the role of affected

parties:

a. Parties with long-tern contractual

agreements or preference grazing

rights should be recognized as the

stakeholders that they are. This

does not seek to diminish the role of

the general public, but protect that

of individuals or entities that are

invested in the process and

consequently possess irreplaceable

substantive first-hand knowledge.

b. Ensure that activist groups engaged

in habitual manipulation of the

NEPA process through threat or

filing of litigation are not rewarded

with the same status as affected

stakeholders.

c. Ensure that adjacent landowners,

permittees and/or other affected

parties are properly notified and

included early in the process.

3. Enhance the role of state and local

governments in the NEPA process:

a. Ensure that state and local

governments are brought into the

process at the initial stage of the

determination to complete NEPA

analysis to assist in determining the

issues to be addressed.

b. Ensure adequate time for comment

preparation and submission from

cooperating agencies and relevant

external entities.

c. Require substantive answers to

substantive comments made during

the administrative review period.

4. Improve formulation of alternatives and

establishment of baseline, continuing

use, definition of “no action” as an

alternative.

5. Ensure that socioeconomic analysis is

given equal weight to environmental

analysis:

a. Withdraw the Babbitt directive on

influence of socio-economic

analysis.

b. Recognize the limited expertise and

resources of the agency to complete

socio-economic analysis and seek

credible information available from

state and local governments and

local affected interests.

3. WILDLIFE

FL 3.1

2017/Amended

Predator & Wildlife Damage Control and Wildlife

Services

WHEREAS, wildlife causes more than $12.8

billion in damage each year to natural resources,

public infrastructures, private property, and

agriculture, including more than $126 million in death

loss to livestock,

THEREFORE BE IT RESOLVED, NCBA

supports effective predator and wildlife management

efforts on federal and private lands, employing

appropriate means, including mechanical means,

BE IT FURTHER RESOLVED, NCBA

supports the United States Department of

Agriculture’s Animal and Plant Health Inspection

Service (USDA-APHIS) Wildlife Services program,

and shall work to ensure it is adequately funded,

BE IT FURTHER RESOLVED, NCBA

supports the Wildlife Services aviation program and

increased funding for the program.

FL 3.2

2021/Renewed

Prairie Dogs

WHEREAS, any restrictions on management

of grazing federal lands could have adverse effects on

an agriculture-based economy, and

WHEREAS, the black-tailed prairie dog has

not been officially listed under the ESA, and there is

conflicting data as to whether the species merits

listing, and

WHEREAS, pressure imposed by

environmental groups has apparently caused the

Bureau of Land Management and USFS to make a

decision prior to obtaining public input or conducting

an appropriate environmental analysis,

THEREFORE BE IT RESOLVED, NCBA

opposes the decision of the Bureau of Land

Management and USFS to restrict poisoning or

shooting of the black-tailed prairie dog on federal

lands, and this restriction be removed from Bureau of

Land Management and USFS policy based on the

determination that the species listing is not warranted.

BE IT FURTHER RESOLVED, NCBA

supports integrated and coordinated prairie dog

management programs which provide for private

property and business interests, and ecological and

public health considerations.

FL 3.3

2017/Renewed

Desert Tortoises

BE IT RESOLVED, NCBA supports

delisting of the desert tortoise,

BE IT FURTHER RESOLVED, NCBA

recommends the Secretary of the Interior direct that, in

desert tortoise habitat, traditional uses of the federal

lands continue until adequate information on

population status and the impacts of the multiple uses

are characterized,

BE IT FURTHER RESOLVED, NCBA

supports the inter-agency effort to develop a database

on the desert tortoise, including its vegetative

requirements.

FL 3.4

2017/Renewed

Delisting of Wolves and Grizzly Bears

BE IT RESOLVED, NCBA supports

petitioning United States Fish and Wildlife Service to

delist the grizzly and the wolf, across its entire range,

and return the management of those two species to the

states,

BE IT FURTHER RESOLVED, in the event

delisting is not accomplished, NCBA remains strongly

opposed to any expansion of existing parks or

designations of “eco-systems” that give priority to

grizzly bear and wolf recovery efforts over economic

values.

FL 3.5

2021/Amended

Landowner Action for Wolf Depredation on

Private and Federal Lands

BE IT RESOLVED, NCBA supports

ranchers’ efforts to obtain the authority to control wolf

depredation through lethal and non-lethal methods as

needed on private property and federal lands on which

they have a grazing permit.

FL 3.6

2019/Amended

Sage Grouse Recovery

WHEREAS, sage grouse recovery is vital to

the industry’s interests in keeping the species from

being listed as endangered,

THEREFORE BE IT RESOLVED, NCBA

will monitor and engage in sage grouse-related

activities on behalf of permittees and landowners

throughout the range of Greater Sage Grouse, Bi-State

Sage Grouse, and Gunnison Sage Grouse.

BE IT FURTHER RESOLVED, NCBA

supports the development of grazing-friendly

programs for rangeland restoration and protection that

also support the economic viability of the livestock

industry.

BE IT FURTHER RESOLVED, NCBA will

take an active role in the development of these

programs to promote the industry’s interests.

FL 3.7

2019/Renewed

Mexican Gray Wolf

WHEREAS, NCBA has examined the

reintroduction of the Mexican Gray Wolf in Arizona

and New Mexico and has determined the following:

• The genetic purity and health of the

released wolves is suspect,

• The preferred wild prey base is declining

and has been for several years,

• The program is socially and economically

indefensible and unsustainable,

WHEREAS, Mexican Gray Wolves have

necessitated the construction of cages for children at

rural school bus stops to protect children from roaming

dangerous wolves,

THEREFORE BE IT RESOLVED, NCBA

insists the current recovery area not be expanded, and

recommends the wolf re-introduction program be

terminated and all released wolves and all of their pups

be captured and removed.

FL 3.8

2018/Renewed

Livestock/Wildlife Interactions:

WHEREAS, federal agency wildlife

management decisions involving bighorn sheep and

elk, among other species not listed under the

Endangered Species Act (ESA) adversely affect

grazing decisions, and

WHEREAS, federal agencies claim authority

over management of non-ESA wildlife under their

statutes and regulations,

THEREFORE BE IT RESOLVED, NCBA

supports the enactment of legislation that minimizes

the potential adverse impacts of federal wildlife

management decisions on grazing operations that do

not involve species listed under the ESA and also

seeks to maintain a balance of multiple uses on federal

lands.

FL 3.9

2019/Amended

Bison Grazing on Federal Lands

BE IT RESOLVED, NCBA opposes any

bison, wild or domesticated, from any private entities,

federal or state parks, to be imported and set free to

graze on public lands.

BE IT FURTHER RESOLVED, NCBA

insists that in cases where bison are permitted to graze

on federal lands, permittees be held to the same

standards and guidelines, and fundamentals of land

health as livestock classes.

BE IT FURTHER RESOLVED, that bison

which graze on federal lands be held to the same

standards of best management practice, including but

not limited to pasture rotation and riparian area

management.

FL 3.10

2021/Amended

Federal Management of Non-Listed Species

WHEREAS, the Bureau of Land

Management, USFWS, and USFS are increasingly

imposing the restrictions of a “threatened” or

“warranted” listing under the ESA upon non-listed or

not warranted species, and

WHEREAS, these federal agencies are

increasingly asserting management jurisdiction of

non-listed or not warranted species whose

management belongs to state wildlife management

agencies, and

WHEREAS, grazing is an essential element

for effective species conservation, and

WHEREAS, this inappropriate action often

interferes with voluntary state and local conservation

efforts and limits cattle producers,

THEREFORE BE IT RESOLVED, NCBA

opposes any federal management plan or land use plan

amendment that seeks to manage a non-listed or not

warranted species.

FL 3.11

2017/New

Species and Habitat Conservation Action

Planning and Implementation

WHEREAS, NCBA strongly supports

principles of multiple use that provides for livestock

grazing, recreation, mineral development, wildlife and

natural resources, etc., and

WHEREAS, NCBA supports voluntary,

incentivized conservation measures that achieve

scientifically-based outcomes and multiple uses, and

WHEREAS, NCBA supports federalism

approaches that empower stakeholders, states, and

local governments to manage species and habitats in

outcome based approaches, and

WHEREAS, species and resource issues are

best handled in order to limit, if not prevent, litigation

due to the robust and defendable nature of advanced

and legally defensible planning,

THEREFORE BE IT RESOLVED, NCBA

insist on species and habitat action plans that fully

consider multiple uses and does not elevate any use

over livestock grazing,

BE IT FURTHER RESOLVED, NCBA and

its affiliates work with the Administration to find the

required balance and implementation of

programs/approaches in advance of regulatory

implementation,

BE IT FURTHER RESOLVED, planning

improves certainty and efficiency for landowners,

lessees, permittees and project developers by

providing an avoidance, then minimization, and

ultimately a mitigation approach that is reasonable and

sustainable related to conservation and economic

norms,

BE IT FURTHER RESOLVED, planning

fosters transparency, accountability, credibility and

continuous improvement to be implemented in a

timely, process based fashion,

BE IT FURTHER RESOLVED, NCBA

work with its affiliates to detail and offer

formal regulatory constructs that strikes a balance for

timely implementation of species and natural resource

management planning in lieu of heavy regulatory

approaches or litigation.

4. RESOURCE ISSUES

FL 4.1

2017/Renewed

Fire Resistant Plant Species

BE IT RESOLVED, NCBA strongly urges

the Bureau of Land Management and other land

management agencies to seed more fire-resistant plant

species, including native and non-native edible browse

and grasses, following a fire to reduce the spread of

undesirable plants, future suppression costs, fire size,

wildlife, and private property losses, when necessary.

FL 4.2

2018/Amended

Land Use Monitoring

WHEREAS, federal agencies are currently

using highly subjective numeric grazing utilization

and stubble height standards as measures of rangeland

health threshold triggers to justify reductions in animal

unit months (AUMs), and

WHEREAS, in some instances the agencies

are now instituting new numeric stream bank

trampling standards for the same purposes, and

WHEREAS, other factors such as herbivory

by non-domestic species, duration, intensity, season,

and rest periods impact rangeland health and tend to

be ignored in favor of utilization or stubble height, and

WHEREAS, one-time utilization level

assessments do not accurately portray rangeland

health, and cannot indicate trends,

THEREFORE BE IT RESOLVED, NCBA

strongly urges the agencies to look beyond these

numeric standards as their only monitoring tool, and

consider the factors that are most important: primarily,

measuring trend over the long-term, followed by

timing of grazing and rest periods,

BE IT FURTHER RESOLVED, NCBA

urges the agencies to use on-the-ground and site

specific monitoring techniques which utilize science-

based practices and principles that establish long-term

trend condition,

BE IT FURTHER RESOLVED, NCBA

actively opposes the implementation by agencies of

new non-scientific numeric standards, such as stream

bank trampling standards, which have not been

accepted by all the scientific community and do not

measure trend and resource health.

FL 4.3

2018/Renewed

Rangeland Improvement and Betterment Funds

WHEREAS, federal land ranchers believe

rangeland improvements are long overdue and have a

high priority for funding, and

WHEREAS, range betterment funds on

United States Forest Service (USFS) lands and range

improvement funds on Bureau of Land Management

(BLM) lands are being allocated to non-rangeland

improvement uses at an ever-increasing rate, and

WHEREAS, proper expenditure of range

betterment and improvement funds can greatly

increase the productivity of the western rangelands,

and

WHEREAS, renewal of grazing permits is

directly dependent on properly functioning

improvements,

WHEREAS, BLM Section 8l00 and USFS

range betterment funds should not be used for

administrative purposes,

THEREFORE BE IT RESOLVED, NCBA

pursue needed allocation of range improvement and

betterment funds, prioritized by and for grazing

permittees, by the land management agencies for

critical improvements,

BE IT FURTHER RESOLVED, NCBA urge

Congress to make funds available as authorized by the

provisions of the Rangelands Improvement Act and

urge the Administration to make every effort to

expedite Congressional action,

BE IT FURTHER RESOLVED, NCBA urge

land management agency acknowledgment of good

faith permittee efforts to rebuild, construct, repair, and

enhance allotment improvements by withholding

punitive actions against permitted grazing users when

deteriorated improvements are of concern,

BE IT FURTHER RESOLVED, NCBA call

for continuous accounting of all BLM Section 8100

and USFS range betterment funds to determine

whether said funds have been and continue to be spent

for on-the-ground improvements.

FL 4.4

2019/Amended

Innovative Rangeland Monitoring

WHEREAS, there is a need for a monitoring

system for rangelands across the United States that

establishes condition and trend over time as an index

of rangeland health and establishes a uniform set of

standards by which monitoring can be carried out in a

consistent and predictable manner, and

WHEREAS, pursuant to the direction of the

Congress of the United States it is critical to monitor

and document the current condition and over time

determine the trend in condition as an indicator of the

health of American rangelands, and

WHEREAS, such knowledge of the

biological and physical processes on rangelands is

vital for designing and evaluating the impacts of

management alternatives on the environmental and

economic efficacy of rangeland livestock production

operations and concurrent wildlife habitat, water, and

riparian systems, and

WHEREAS, such knowledge will be

gathered in a practical, economically feasible manner,

and interpreted and stored in a functioning information

system that serves the decision-making process, and

WHEREAS, due to the concerns of various

interest groups and governmental agencies, livestock

production operations are increasingly being held to

varying and arbitrary standards of environmental

stewardship, and uniform standards for assessing the

health of rangelands do not exist. Ranchers are being

held accountable without the means of accounting for

the environmental consequences of their actions. A

science-based information procedure for assessing and

monitoring the health of rangelands is essential for the

development of sustainable policies for the

management of rangelands for all uses. If ranchers are

to bear the responsibility for the environmental health

of rangelands, they must be empowered with science-

based and practical technology to assess and report the

health of the rangelands used in their livestock

production operations. The needs and knowledge base

of the range livestock industry and wildlife interests

must be incorporated in the development of such a

monitoring system, and ranchers and wildlife interests

must play an appropriate role in its development and

application,

THEREFORE BE IT RESOLVED, NCBA

urges Congress to direct USDA-ARS, in consultation

with knowledgeable experts from the range livestock

industry, including permittees, as well as land-grant

universities, to assess the validity of land management

agency’s scientific methods, standards, and

monitoring practices; undertake the development of

innovative methods to assess the condition and trend

of rangelands on an ecological site basis over time and

space as an index of the processes that constitute

rangeland condition; and fully fund this effort through

a budget line item on an annual and sustainable basis.

BE IT FURTHER RESOLVED, NCBA

urges the USFS and Bureau of Land Management to

define a process which will allow for the acceptance

of permittee monitoring data as recognized data.

FL 4.5

2017/Renewed

Control of Grasshoppers, Crickets and Other

Damaging Insects on Federal Lands

WHEREAS, crickets, grasshoppers, and

other damaging insects are not only a nuisance but

pose a significant threat to rangeland health and

wildlife habitat, and

WHEREAS, when not controlled, these

insects migrate from federal lands to private lands and

cause considerable damage to private croplands and

rangelands,

THEREFORE BE IT RESOLVED, NCBA

will work with federal agencies, including the United

States Department of Agriculture’s Animal and Plant

Health Inspection Service, Bureau of Land

Management, and United States Forest Service, to

ensure that they are properly prepared to control

crickets, grasshoppers, and other damaging insects on

their lands in a timely manner and prior to the

populations reaching epidemic proportions.

FL 4.6

2019/Renewed

Rehabilitation of Sage Brush Habitat from Fire

and other Disturbances

WHEREAS, fire and other disturbed site

rehabilitation are becoming extremely critical, and

WHEREAS, sage brush management for

sage grouse conservation, as well as for the

conservation of other sage brush dependent species, is

of increasing concern, and

WHEREAS, budgets for post-fire

rehabilitation are becoming increasingly stretched,

and

WHEREAS, the seeding of native plant

species tends to be more expensive than non-native

plant species, and

WHEREAS, the rate of failure of native plant

seedings is higher than that of non-native plant

species,

THEREFORE BE IT RESOLVED, when

post-disturbance rehabilitation is deemed appropriate,

NCBA encourages all agencies involved in post-fire

rehabilitation to adopt a two-stage process for

rehabilitation; initially, by utilizing quick establishing

plant species such as crested wheatgrass (Agropyron

cristatum) and forage kochia (Kochia prostrata) until

such times that plant communities and watersheds

have stabilized and, when necessary, followed by

additional species.

FL 4.7

2020/Amended

Categorical Exclusions (CX or CE)

WHEREAS, a Categorical Exclusion (CX or

CE) is a category of actions which do not individually

or cumulatively have a significant effect on the

environment and which have been found to have no

such effect in procedures adopted by a federal agency

in implementation of these regulations and for which,

therefore, neither an environmental assessment nor an

environmental impact statement is required, and

WHEREAS, federal land management

agencies utilize CX/CEs to more efficiently manage

time and resources to issue grazing permits for public

land users in an efficient, evidence-based manner, and

WHEREAS, the Council on Environmental

Quality directed agencies to optimize the use of

CX/CEs in proposals that do not meet the threshold to

be a major federal action, and

WHEREAS, NEPA directs agencies to

consistently apply their own and other agencies’

CX/CEs to use the “simplest analysis first” before

engaging in a more lengthy NEPA analysis,

THEREFORE BE IT RESOLVED, NCBA

supports the continued and increased use of CX/CEs

by federal land management agencies.

FL 4.8

2020/New

Off-Season Targeted Grazing

WHEREAS, increasing severity of

catastrophic wildland fires on federal land continues

to occur throughout the western United States, and

WHEREAS, these wildfires have led to

health, economic and environmental hardships to

ranches and communities throughout the West, and

WHEREAS recent research has shown the

positive effects of off-season targeted grazing on

federal land, including the reduction of invasive

grasses and the improvement of perennial native

grasses,

THEREFORE BE IT RESOLVED, NCBA

strongly supports off-season targeted grazing on

federal land to assist with prevention and control of

catastrophic wildfire.

5. PROPERTY RIGHTS

FL 5.1

2019/Renewed

U.S. Fish and Wildlife Service and National

Marine Fisheries Service

WHEREAS, the Endangered Species Act

gives absolute power to the federal government to

reduce or eliminate the use and value of private

property, state property and federally managed

property to protect any one of over 1,500 listed

threatened and endangered species, and

WHEREAS, the Fifth Amendment of the

U.S. Constitution, numerous Supreme Court cases

(including Nolan v. California Coastal Commission

and First Evangelical Lutheran Church of Glendale v.

County of Los Angeles), Presidential Executive Order

12630 and its Department of the Interior implementing

regulations entitled “Attorney General’s Supplemental

Guidelines to Evaluate Risk and Avoid Unanticipated

Takings for the U.S. Department of the Interior”

mandate that the diminution in value of private

property, private property rights, and investment

backed expectations be evaluated to ascertain the

economic impacts associated with the listing and

protection of endangered species under the

Endangered Species Act, and

WHEREAS, the above named laws also

require just compensation be paid for those federal

actions, rules, and regulations that diminish the value

of private property, private property rights, and

investment backed expectations, including actions

taken under authority of the Endangered Species Act,

THEREFORE BE IT RESOLVED, NCBA

requests that Congressional oversight hearings be held

to ascertain that U.S. Fish and Wildlife Service and

National Marine Fisheries Service are in compliance

with the above named laws which protect private

property, private property rights, and investment

backed expectations from being taken without just

compensation.

FL 5.2

2019/Renewed

Range Monitor Funding

WHEREAS, all range management decisions

are, or will soon be, based upon monitoring,

THEREFORE BE IT RESOLVED, Congress

be requested to fund a budget line item to be used

solely for monitoring.

BE IT FURTHER RESOLVED, monitoring

of resource conditions and trends be performed only

by qualified persons (i.e. federal, state and local

government, grazing permittees and lessees, university

personnel, and trained general public).

BE IT FURTHER RESOLVED, such

monitoring shall be conducted according to regional or

state criteria and protocols selected by the secretary

concerned.

BE IT FURTHER RESOLVED, monitoring

protocols shall be site-specific, scientifically valid,

and subject to peer review, and monitoring data shall

be periodically verified with cooperation between the

agency and permittees.

FL 5.3

2018/Renewed

Livestock Impoundment

WHEREAS, NCBA opposes grazing

practices that lead to rangeland degradation; and

furthermore, does not support those few who refuse to

pay their grazing fees, and

WHEREAS, the seizing and selling of a

person’s livestock against their will constitutes a

taking of their livelihood, which violates the “takings

clause” of the 5th amendment to the United States

Constitution, and

WHEREAS, the Bureau of Land

Management (BLM) and United States Forest Service

(USFS) are impounding and selling trespass livestock

without any judicial review to determine whether the

BLM or USFS is in compliance with state brand

inspection laws,

THEREFORE BE IT RESOLVED, NCBA

urges the BLM or USFS to seek a state district court

order authorizing any livestock impoundment or

seizure, prior to any such action.

FL 5.4

2019/Amended

Water Rights on Federal Lands

WHEREAS, NCBA permittees are being

forced to transfer part of their assets (water) to obtain

a permit from the United States Forest Service and

permission from the Bureau of Land Management to

make water improvements on public lands, and

WHEREAS, Congress and case law have

consistently reaffirmed the various states’ primacy

governing waters within their borders and the right to

use those waters, and

WHEREAS, the McCarran Amendment

created a limited waiver of federal sovereign immunity

which allows the United States to be joined as a party

in a state’s stream adjudications and in a state’s

administration of established water rights, and

WHEREAS, when a private or municipal

water right is located on federal or state land, that right

has been affirmed by the courts to include the owner’s

right of access to the source of the water and to any

element of the distribution system necessary for

delivery, including wells, springs, streams, rivers,

stock ponds, agricultural ditches, canals, pipes, and

other conveyance mechanisms for maintenance

purposes, and

WHEREAS, denial of such access effectively

constitutes an illegal, de facto, taking of the water

right,

THEREFORE BE IT RESOLVED, NCBA

opposes use of federal law or federal agency action to

usurp, seize, restrict, impede, or take state governed,

regulated, granted, or assigned water rights, or treaty

water rights owned by any person or governmental

entity with the legal right to use such water, as granted

by a state.

BE IT FURTHER RESOLVED, NCBA

strongly opposes the forced transfer of water rights in

order to obtain permission for water developments on

public land.

6. SPECIFIC INITIATIVES

FL 6.1

2019/Renewed

Wild and Scenic Rivers

BE IT RESOLVED, NCBA opposes any

Wild & Scenic River designations that could

jeopardize the use and enjoyment of one’s land,

infringe on a landowner’s property or water rights,

place any private property under bureaucratic

management, or take any action that would otherwise

diminish existing water rights and land use practices

historical to the involved areas.

BE IT FURTHER RESOLVED, NCBA

supports livestock grazing as a necessary and viable

use of Wild and Scenic River corridors.

FL 6.2

2018/Amended

National Park Service Resource Management

Review

WHEREAS, the Department of the Interior

clearly has established a double standard for resource

conditions and management on federal lands, one for

livestock grazing on multiple use lands, and one for

wildlife grazing within the National Park System, and

WHEREAS, there is little difference in the

impact on natural resources when comparing

unmanaged livestock grazing and unmanaged wildlife

grazing,

THEREFORE BE IT RESOLVED, NCBA

works to establish a congressionally-funded

independent scientific review and interpretation of the

resource management policies and practices of the

National Park Service within National Park System

lands, and the effect these policies and practices have

on the ecological resources within the National Park

System and surrounding lands.

FL 6.3

2018/Amended

Voluntary Mitigation Plans

WHEREAS, NCBA supports increased

incentives and streamlined procedures for federal,

state, local, and private efforts to conserve sensitive

and listed species, including voluntary participation in

management and mitigation agreements, and

WHEREAS, NCBA supports non-regulatory

solutions based on proactive species conservation

partnerships that reduce the burden of the Endangered

Species Act (ESA) on public and private land ranchers

by precluding the need for protection under the ESA,

and

WHEREAS, NCBA believes that

conservation and recovery of sensitive and listed

species using state supported voluntary incentives and

associated programs should be the highest priority of

the United States Fish and Wildlife Service, and

WHEREAS, states have created individual

plans and programs aimed at providing meaningful

incentives to landowners and moving sensitive and

listed species toward recovery and conserving other

species, and

WHEREAS, management consistent with

state plans and systems based on dependable revenue

for improved habitats has the best chance of success,

THEREFORE BE IT RESOLVED, NCBA

endorses the management of federal lands within a

state to be consistent with plans and programs adopted

by that state for the management, conservation, and

recovery of sensitive and/or listed species and habitats,

BE IT FURTHER RESOLVED, NCBA shall

consult with state affiliates regarding state

management plans and programs.

FL 6.4

2019/Amended

Off-Road Vehicles

WHEREAS, NCBA believes that the use of

off-road vehicles (ORV) including motorcycles, 4-

wheelers and multi-purpose vehicles (MPV) in the

daily operations of ranches, the maintenance of range

improvements and the herding of livestock is

appropriate and necessary for the federal land

ranchers, and

WHEREAS, these are among the tools

essential in modern day ranching to do the required

maintenance and herding that is needed to accomplish

multiple-use benefits while keeping the ranches

economically competitive, and

WHEREAS, these tools enable ranchers to

respond in a timely manner to the needs of both

livestock and the rangeland resources,

THEREFORE BE IT RESOLVED, NCBA

must emphasize that no one effort or practice will fit

all situations and there will and should be exceptions

to any of these practices.

BE IT FURTHER RESOLVED, NCBA

recognizes that ranchers need to go off road in all kinds

of conditions to check and treat sick livestock, tend to

cows that are calving and sheep that are lambing, or to

locate dead cattle and sheep to confirm predator losses.

FL 6.5

2019/Amended

Catastrophic Wildfire

WHEREAS, vegetation fuel loads, drought,

poorly planned backfires, and inaccessible areas have

led to catastrophic wildfires, creating frequent

emergency situations, and

WHEREAS, catastrophic wildfire poses a

constant threat to human life and property on federal

lands and private lands, including those managed

under the Conservation Reserve Program (CRP), the

USFS, the USFWS, and the Bureau of Land

Management (BLM), and

WHEREAS, the risk of catastrophic wildfires

is compounded by federal lands management policy,

including the requirements imposed by the National

Environmental Policy Act (NEPA), and by

Endangered Species Act (ESA) restrictions, and

WHEREAS, private lands are similarly

affected by ESA restrictions, and

WHEREAS, catastrophic wildfires cause

significant damage to natural resources, especially

timber, forage availability, water quality, and wildlife

habitat, and

WHEREAS, catastrophic wildfires also

cause significant damage to life and property, and

WHEREAS, wildfire suppression and

restoration costs to taxpayers regularly exceeds

billions of dollars annually, as can the value of timber

and forage lost,

THEREFORE BE IT RESOLVED, NCBA

supports efforts to reevaluate and improve land

management to prevent similar catastrophic wildfires

in years to come. This would include legislative and

regulatory changes that require managers of all federal

lands, lands managed under the CRP, and lands

managed under ESA prescriptions, to use multiple-use

activities such as grazing, and timber harvesting to

prevent the build-up of fuel loads that lead to

catastrophic fire.

BE IT FURTHER RESOLVED, NCBA

supports expanded authority and direction to utilize

“categorical exclusions” for NEPA requirements and

waivers for ESA management in cases of land

management for catastrophic wildfire prevention.

BE IT FURTHER RESOLVED, NCBA

supports efforts to enhance coordination of fire

suppression efforts between local, state, and federal

officials, and empower private landowners, such as

local wildfire support groups and Rangeland Fire

Protection Associations, that are trained and

sanctioned by the federal agencies.

BE IT FURTHER RESOLVED, NCBA

supports full funding of user-friendly emergency relief

and rehabilitation programs.

BE IT FURTHER RESOLVED, NCBA

strongly urges immediate rehabilitation measures that

are based on site-specific conditions and a multiple use

philosophy.

BE IT FURTHER RESOLVED, NCBA

continue efforts to publicize the important role that

both forest thinning and livestock grazing can, and do,

play in vegetation management to reduce fuel loads

and to prevent the spread of uncontrolled wildfires.

BE IT FURTHER RESOLVED, NCBA

continue to closely coordinate with affiliated states,

affected members, elected officials, and any other

potential ally on these important efforts.

FL 6.6

2019/Amended

Local Economy and Lifestyle in Public Land

Management Decisions

BE IT RESOLVED, NCBA recognizes the

importance of rural local economies, rural lifestyles,

social amenities, and cattle grazing in all future public

land management decisions and promotes these

principles to public land administrators, congressional

delegations, environmental organizations, and the

general public.

FL 6.7

2021/Renewed

Livestock Grazing as a Primary Tool

WHEREAS, livestock grazing has

demonstrated effectiveness as a tool for managing

rangeland vegetation, and

WHEREAS, livestock grazing is an integral

part of the use of native range and improved pasture

lands, and

WHEREAS, achieving desired plant

communities on rangeland is important to all aspects

of our environment, and

WHEREAS, the goals of quality habitat for

wildlife, fish, and productive watersheds are shared by

the livestock industry, and

WHEREAS, proper livestock grazing

benefits rangelands by reducing fire hazards, and

WHEREAS, livestock grazing can be used as

a targeted tool to achieve specific environmental

conditions, like carbon storage and improved soil

health, and

WHEREAS, livestock grazing and

permittees’ investments improve and maintain federal

lands that are utilized by other multiple uses that

depend on the ability to access healthy, safe lands,

THEREFORE BE IT RESOLVED, NCBA

publicly supports and promotes the continuing use of

livestock grazing as a tool to manage rangeland

vegetation, achieve a desired plant community on our

federal lands, and support federal lands’ role as a

primary carbon sink.

BE IT FURTHER RESOLVED, NCBA

encourages all local, state, and federal agencies to

utilize livestock grazing as a primary tool for reducing

fuel load, reducing wildfire potential, increasing water

yield, increasing public safety, improving livestock

and wildlife habitat, supporting and facilitating

multiple use, and increasing vegetative diversity.

FL 6.8

2019/Renewed

Shared Stewardship

WHEREAS, ranch operations in the West

have been part of the economic and cultural fabric of

the land for generations, and

WHEREAS, ranchers understand how a

community works together to keep the land healthy

and the operations profitable, and

WHEREAS, shared stewardship is a concept

that is present in the agencies and can, if interpreted

and implemented correctly, be beneficial to ranchers,

THEREFORE BE IT RESOLVED, NCBA

supports a shared stewardship program in which:

• Rancher participation in shared

stewardship activities would be strictly

voluntary,

• Shared stewardship policies maintain

existing or increase numbers of Animal

Unit Months (AUMs),

• Shared stewardship policies support

retention of preference attached to base

property,

• Shared stewardship policies support

retention of water rights for ranchers,

• Implementation of shared stewardship

policies must support private property

rights of landowners, and

• Land or property owned or controlled by

a federal grazing permittee may be

included within the area of shared

stewardship activities only with the

written consent of the owner/permittee

of the land or property.

BE IT FURTHER RESOLVED, NCBA

seeks to include permittee/agency monitoring, and

pooled forage arrangements for grazing that give

priority to existing ranching operations, new ranchers

or associations of ranchers, and

BE IT FURTHER RESOLVED, NCBA

seeks to include stewardship contracts for grazing and

collaborative stewardship of public lands.

INTERNATIONAL TRADE COMMITTEE

Gene Copenhaver, VA – Chair Jaclyn Wilson, NE – Vice Chair

Kent Bacus - Staff

1 GENERAL TRADE

1.1 2018 Grading Reciprocity

1.2 2019 USDA-FAS

1.3 2019 MAP Funding

1.4 2019 Department of Defense

Commissary Purchases

1.5 2021 U.S.-Mexico-Canada Agreement

1.6 2021 U.S. Meat Export Federation

1.7 2018 Support of U.S. Meat Export

Federation

1.8 2019 International Markets

1.9 2019 Enforcement of Trade Laws

1.10 2019 Definition of Beef Dumping

1.11 2021 Trade Quotas

1.12 2018 Country-of-Origin Labeling

Implementation

1.13 2017 Live Cattle Imports

1.14 2019 Inclusion of Products in Trade

Agreements

1.15 2021 BSE Trade Action

1.16 2017 U.S. Processed Beef for U.S.

Troops Serving Overseas

1.17 2020 Transparency in Labeling

2 ACCESS AND CREDIT

2.1 2018 Government Commodity Programs

2.2 2018 International Treaties

2.3 2019 Export of Beef from Non-Hormone

Treated Cattle

2.4 2017 Trade and Retaliatory Measures

2.5 2017 Support for Trade

2.6 2019 International Beef Trade

2.7 2017 International Beef Trade – Trans-

Pacific Partnership (TPP)

1. GENERAL TRADE

IT 1.1

2018/Renewed

Grading Reciprocity

WHEREAS, the United States Department of

Agriculture’s (USDA) beef grading system and grade

stamp is recognized worldwide as the symbol of the

highest beef quality,

THEREFORE BE IT RESOLVED, NCBA

opposes any reciprocity of standards and services of

the USDA beef grade outside of the United States,

BE IT FURTHER RESOLVED, NCBA

opposes any effort in other countries to utilize the

USDA beef grading system or its associated terms.

IT 1.2

2019/Renewed

USDA-FAS

WHEREAS, the USDA-Foreign Agriculture

Service (FAS) works with NCBA and the U.S. Meat

Export Federation to expand foreign market

opportunities for U.S. beef, and

WHEREAS, this long term relationship has

been extremely useful to the progress achieved in

developing and growing foreign markets through such

programs as the Meat Promotion Program and the

Cooperative Program,

THEREFORE BE IT RESOLVED, NCBA

opposes any attempt to reduce the effectiveness of the

USDA-FAS through the transfer of any jurisdiction to

other government agencies.

IT 1.3

2019/Renewed

MAP Funding

BE IT RESOLVED, NCBA is in favor of

adequate funding of the Market Access Program

(MAP), or any successor program, and is strongly in

favor of making funds available for export promotions

of beef and beef products.

IT 1.4

2019/Renewed

Department of Defense Commissary Purchases

BE IT RESOLVED, NCBA urges the U.S.

Department of Defense to purchase U.S. beef for all

of its commissary programs.

IT 1.5

2021/Amended

U.S.-Mexico-Canada Agreement

WHEREAS, the North American Free Trade

Agreement (NAFTA) between the U.S., Mexico, and

Canada, was dissolved and replaced with the U.S.-

Mexico-Canada Agreement (USMCA),

WHEREAS, NCBA strongly supported the

ratification and implementation of USMCA,

THEREFORE BE IT RESOLVED, NCBA

shall continue to monitor and undertake all necessary

means to enforce USMCA provisions related to animal

health, environment, food safety, and other science-

based standards.

BE IT FURTHER RESOLVED, NCBA shall

continue to monitor North American trade flows to

assure that trade is fair and equitable in accordance

with trade rules and market demand: including the

continuation of timely and accurate publication of

economic analyses of trade impacts on the cattle and

beef industry.

BE IT FURTHER RESOLVED, NCBA shall

continue to review regular reports on imports and

exports of cattle, beef, pork, poultry, and feed grains

from the appropriate government agencies.

BE IT FURTHER RESOLVED, NCBA shall

continue to participate in private sector advisory

committees including the Advisory Committee on

Trade Policy and Negotiations (ACTPN), the

Agricultural Policy Advisory Committee (APAC), and

the Agricultural Technical Advisory Committee

(ATAC).

IT 1.6

2021/Renewed

U.S. Meat Export Federation

WHEREAS, NCBA recognizes the necessity

of increased beef and beef product exports to the

wellbeing of the cattle industry, and

WHEREAS, NCBA is a charter member of

the USMEF and strongly supports its efforts in

overseas market development and product promotion,

THEREFORE BE IT RESOLVED, NCBA

encourages increased financial support from the

private sector, the state beef commissions, and from

the Cattlemen’s Beef Board for USMEF.

BE IT FURTHER RESOLVED, NCBA

supports USDA-Foreign Agricultural Service foreign

market programming on the basis of joint venture

matching fund participation with private sector

cooperators.

IT 1.7

2018/Renewed

Support of U.S. Meat Export Federation

WHEREAS, the U.S. Meat Export

Federation (USMEF) has made an outstanding and

long-term contribution to the development to beef

export markets worldwide, and

WHEREAS, USMEF has the overwhelming

support not only of the Foreign Agricultural Service

(FAS), but also of the international business

community, and

WHEREAS, beef export markets represent

the greatest opportunity to meet the goal of increasing

beef demand and thereby increasing producer

profitability, and

WHEREAS, Market Access Programs

(MAP) funds are based on performance and industry

investment,

THEREFORE BE IT RESOLVED, NCBA

supports high priority be given to funding of foreign

marketing initiatives through USMEF, including

developing growth in markets.

BE IT FURTHER RESOLVED, NCBA

supports and commends USMEF on outstanding

results.

IT 1.8

2019/Renewed

International Markets

WHEREAS, over 95% of the world’s

consumers live outside the United States, and today,

Mexico and Canada are the leading importers of U.S.

beef, and

WHEREAS, NCBA supports free trade

agreements that enhance trade to countries that have

formerly restricted U.S. beef exports with trade

sanctions and tariffs,

THEREFORE BE IT RESOLVED, NCBA

shall continually monitor international trade issues to

assure U.S. beef producers have fair and equal access

to the markets of competing exporting countries.

BE IT FURTHER RESOLVED, NCBA

urges that all imported meat be subject to an inspection

standard that is equal to that prescribed for

domestically produced meat.

IT 1.9

2019/Amended

Enforcement of Trade Laws

BE IT RESOLVED, NCBA actively pursues

enforcement of U.S. trade laws, insofar as they are

consistent with current NCBA policies.

IT 1.10

2019/Renewed

Definition of Beef Dumping

WHEREAS, the beef industry is market

driven by supply and demand, and the market price is

determined by these forces, and

WHEREAS, a supply and demand market

traditionally runs in cycles, and

WHEREAS, most beef producers during

low-price/high production periods of cycles sell below

the cost of production (at a loss), and

WHEREAS, this cyclical low price and

producer loss situation in the beef industry meets the

definition of a dumping situation under World Trade

Organization (WTO) rules even in the absence of

evidence of predatory behavior, intention to

monopolize, or any other intentional efforts to drive

competitors out of business, and

WHEREAS, dumping cases filed using

(below) cost of production criteria cause the beef

industry in the exporting country to incur huge legal

fees to defend themselves and violates the spirit of free

trade,

THEREFORE BE IT RESOLVED, NCBA

shall work to change WTO rules that define the

definition of beef dumping as selling below the cost of

production

IT 1.11

2021/Amended

Trade Quotas

WHEREAS, the U.S. market is one of the

highest value global markets for beef sales, and

WHEREAS, many countries seek access to

the U.S. market, and

WHEREAS, the U.S. allows access primarily

to countries that have trade agreements with the U.S.,

THEREFORE BE IT RESOLVED, NCBA

actively supports maintaining equitable import quotas

on beef and require the enforcement of trade laws.

IT 1.12

2018/Amended

Country-of-Origin Labeling Implementation

WHEREAS, there are serious concerns about

mandatory Country-of-Origin Labeling (COOL), and

WHEREAS, there is increasing recognition

about the many adverse aspects of Country-of-Origin

Labeling including the costs, benefits, and impact of

Country-of-Origin Labeling relative to tracking,

auditing, verification, and compliance, and

WHEREAS, NCBA opposes mandatory

labeling but remains in support of Country-of-Origin

Labeling that is voluntary and industry-driven, and

WHEREAS, the World Trade Organization

declared the implementation of the previous

mandatory Country-of-Origin Labeling law to be in

violation of international trade laws, subjecting the

United States to severe retaliatory tariffs unless it was

repealed, and

WHEREAS, the implementation of the

previous federal Country-of-Origin Labeling law

placed a great burden on domestic producers and

disrupted the beef market,

THEREFORE BE IT RESOLVED, NCBA

shall continue to oppose mandatory Country-of-Origin

Labeling laws or regulations that may violate

international trade laws, and NCBA will work with

Congress and United States Department of Agriculture

(USDA) to ensure that Country-of-Origin Labeling

laws or regulations for red meat products allow

maximum benefits and minimal market disruptions to

the United States beef and cattle industry.

IT 1.13

2017/Amended

Live Cattle Imports

WHEREAS, the safety of the food supply for

U.S. consumers is a top priority for the cattle industry,

and

WHEREAS, keeping out foreign animal

diseases that could seriously damage the cattle

industry is of concern, and

WHEREAS, USDA has developed a list of

science-based factors to be used to evaluate the Bovine

Spongiform Encephalopathy (BSE) risk from a region

or country and to classify a region or country as a

minimal BSE risk area,

THEREFORE BE IT RESOLVED, NCBA

shall work to ensure USDA bases trade agreements

with all beef trading partners on the World

Organization for Animal Health (OIE) standards to re-

establish beef and beef by-product trade.

IT 1.14

2019/Renewed

Inclusion of Products in Trade Agreements

WHEREAS, the United States should not

establish as precedent in trade agreements that certain

sectors or products can be left out of the agreement,

and

WHEREAS, such a precedent could be used

against the U.S. in future agreements to the detriment

of the U.S. beef and cattle industry,

THEREFORE BE IT RESOLVED, as the

United States negotiates trade agreements, NCBA

supports inclusion of all products in all sectors by all

parties to the agreement.

BE IT FURTHER RESOLVED, NCBA will

oppose negotiations or legislative proposals that will

have the effect of excluding products or similarly

limiting our negotiators’ flexibility.

IT 1.15

2021/Amended

Bovine Spongiform Encephalopathy (BSE) Trade

Action

WHEREAS, the U.S. has taken a leadership

role in advocating science-based policies for the trade

of beef products in global markets based on World

Organization for Animal Health (OIE) guidelines, and

WHEREAS, some countries immediately

closed their borders to the importation of U.S. beef and

beef products as a result of classical BSE case in 2004,

and

WHEREAS, such action has resulted in

major disruptions in global beef trade including

billions of dollars in lost U.S. beef and beef product

export sales, and

WHEREAS, in 2013 the OIE upgraded the

U.S. status of BSE to negligible risk — the highest

status available, and

WHEREAS, in 2015 the OIE determined that

atypical BSE will be excluded for BSE risk,

THEREFORE BE IT RESOLVED, NCBA

requests the Administration pursue all available

options, including trade action at the WTO or trade

sanctions, to reestablish trade in beef and beef

products with all countries based upon sound science

and OIE guidelines.

IT 1.16

2017/Renewed

U.S. Processed Beef for U.S. Troops Serving

Overseas

WHEREAS, United States (U.S.) troops are

serving overseas to protect domestic and international

interests of the U.S., and

WHEREAS, contractors may not always use

U.S. processed beef for supplying troops in Iraq and

other U.S. bases overseas,

THEREFORE BE IT RESOLVED, NCBA

will work to require suppliers for U.S. troops

worldwide to provide beef that is product of the U.S.

IT 1.17

2020/New

Transparency in Labeling

WHEREAS, NCBA supports clear retail

labeling of beef products to reduce consumer

confusion at the point of purchase, and

WHEREAS, the potential for ambiguous

labeling of beef products without meaningful audit and

verification is a cause for concern among beef

producers across the country, and

WHEREAS, USDA currently oversees

multiple, voluntary Process Verified Programs (PVPs)

that include source of origin claims, and those PVPs

have a proven track record of adding value to enrolled

cattle, the flexibility to adapt to the needs of producers,

and have been designed and tested by cattlemen in

real-world production,

THEREFORE BE IT RESOLVED, NCBA

supports the use of voluntary source of origin claims.

BE IT FURTHER RESOLVED, NCBA

supports USDA verification of any source of origin

claim or label.

2. ACCESS AND CREDIT

IT 2.1

2018/Renewed

Government Commodity Programs

WHEREAS, livestock producers sell their

products on a free market with no subsidized price

support, and

WHEREAS, excessive government price

supports or supply control programs for other

commodities often have an adverse impact on

livestock markets,

THEREFORE BE IT RESOLVED, NCBA

supports efforts in foreign trade negotiations to

eliminate unfair farm subsidies in competing countries

and believes USDA programs should move toward

less government involvement.

IT 2.2

2018/Renewed

International Treaties

WHEREAS, international treaties, such as

but not limited to the proposed treaties dealing with

global warming and natural resources, often tend to

require developed countries to assume the greatest

share of burden to accomplish arbitrary goals, and

WHEAREAS, imposing greater burden on

developed counties often drives certain enterprises

that would incur these greater costs to lesser developed

countries that have fewer and less burdensome

regulations, and

WHEREAS, because these lesser developed

countries with fewer environmental regulations would

then contribute in an increased capacity to the global

environmental problems that the treaties are

attempting to control,

THEREFORE BE IT RESOLVED, NCBA

works to ensure that all international treaties are equal

and fair to all parties involved.

IT 2.3

2019/Renewed

Export of Beef from Non-Hormone Treated Cattle

WHEREAS, an international market does

exist for beef from non-hormone treated cattle, and our

goal as beef producers is to meet consumer demand,

and

WHEREAS, the current infrastructure for

marketing beef from non-hormone treated cattle is

inequitable and challenging,

THEREFORE BE IT RESOLVED, NCBA

shall assist U.S. beef producers in facilitating the

marketing channels to encourage exports of source-

verified beef from non-hormone treated cattle by

working to resolve international inspection inequities

and other technical barriers, prevent additional barriers

from developing, and continue to work for the export

of all beef.

IT 2.4

2017/Renewed

Trade and Retaliatory Measures

WHEREAS, the United States (U.S.) trade

deficit continues to grow, and

WHEREAS, other countries have closed

their borders to U.S. beef products due to either

unscientific food safety concerns or incorrect

paperwork, and

WHEREAS, a single U.S. shipment bound

for export that fails to meet agreed upon requirements

should not be grounds for excluding U.S. beef and beef

products,

THEREFORE BE IT RESOLVED, NCBA

shall use all necessary means to lobby the U.S.

Congress and Administration to pursue swift and

appropriate trade retaliatory measures against

countries that implement such trade practices.

IT 2.5

2017/Amended

Support for Trade

BE IT RESOLVED, NCBA endorses the

Administration’s efforts to obtain a commercially

meaningful trade deal that creates a level playing field

for agriculture,

BE IT FURTHER RESOLVED, NCBA

supports Trade Promotion Authority.

IT 2.6

2019/Renewed

International Beef Trade

WHEREAS, international beef trade is very

important to long-term profitability for the U.S. beef

industry, and

WHEREAS, Unites States beef trade has

been severely hindered since December 2003, and

WHEREAS, consistently the vast majority of

U.S. fed beef is under 30 months of age at harvest,

THEREFORE BE IT RESOLVED, NCBA

supports the opening of international beef markets

utilizing policy that allows bone-in beef product from

cattle under 30 months of age as part of a stair-step

effort to eventually reach full OIE compliance.

BE IT FURTHER RESOLVED, NCBA calls

for the immediate adoption of this policy with all

interested global trading partners.

IT 2.7

2017/Amended

International Beef Trade - Trans-Pacific

Partnership (TPP)

WHEREAS, TPP will be a multilateral trade

agreement that will enhance trade and investment

among the TPP partner countries, promote innovation,

economic growth and development, and support the

creation and retention of jobs,

THEREFORE BE IT RESOLVED, NCBA

supports the United States (U.S.) re-entering the TPP

which removes tariff and non-tariff trade barriers to

U.S. beef exports to participating countries,

BE IT FURTHER RESOLVED, NCBA

insists that all countries that participate in the TPP

abide by full World Organization for Animal Health

(OIE) guidelines,

BE IT FURTHER RESOLVED, NCBA

insists that the U.S. require all participating TPP

countries to lift tariff and non-tariff trade barriers on

U.S. beef once the TPP agreement is enacted,

BE IT FURTHER RESOLVED, NCBA

insists that the addition of any country to the TPP be

conditioned on that country agreeing to lift remaining

restrictions on U.S. beef and abide by full OIE

guidelines prior to joining the TPP,

BE IT FURTHER RESOLVED, NCBA

encourages the Administration to restore the U.S. to

the TPP, and if it is not the policy of the U.S. to

participate in the TPP, then NCBA strongly

encourages the Administration and Congress to

prioritize the timely negotiation and implementation

of bilateral free trade agreements with TPP countries.

LIVE CATTLE MARKETING COMMITTEE

Jim Fryer, MT - Chair Troy Sander, OK - Vice Chair

Tanner Beymer, Staff

1 INDUSTRY STRUCTURE/PRICE

DISCOVERY

1.1 2019 Amendment of the Packers &

Stockyards Act

1.2 2020 P&SA User Fees

1.3 2021 Value-Based Marketing

1.4 2017 Feedlot Registration

1.5 2017 Law Enforcement

1.6 2020 Packer Ownership/Control

1.7 2019 Livestock Weights for Sale

1.8 2021 Electronic Funds Transfer & Lien

Release

1.9 2021 Grain Inspection Packers and

Stockyards Act Reform

1.10 2020 Fed Cattle Price Discovery

2 FUTURES

2.1 2017 Futures Trading

2.2 2017 CME Feeder Cattle Index

2.3 2017 Futures Commission Merchants

Insurance

2.4 2020 CME Group Feeder Cattle Index –

Commented Cattle and Market

Outliers

2.5 2017 Algorithmic/High Frequency

Futures Trading

2.6 2018 CME Live Cattle Physical Delivery

2.7 2021 CME Group’s Live Cattle and

Feeder Cattle Futures

2.8 2017 CME Group’s Live Cattle Contract

Specifications & Delivery Points

2.9 2017 CME Live Cattle & Feeder Cattle

Futures Contracts Price Limits

2.10 2021 CME Group Live Cattle & Feeder

Cattle Futures Contracts Price

Limits

3 REPORTING

3.1 2020 LMR Regional Reporting

3.2 2019 USDA Livestock Mandatory

Reporting Regions

3.3 2020 Livestock Mandatory Reporting

3.4 2020 Transparency of Formula

Transactions

3.5 2020 Next Day Cattle Weights

4 GRADING

4.1 2021 Beef Grading

4.2 2018 United States Department of

Agriculture’s Grades & Consumer

Clarity in Retail Marketing

5 TRANSPORTATION

5.1 2019 Transportation Standardization and

Efficiency

5.2 2019 Shipment of Cattle from Hawaii

5.3 2019 Truck Weights

5.4 2017 Department of Transportation’s

Livestock Hours of Service

Standards

1. INDUSTRY STRUCTURE/PRICE DISCOVERY

M 1.1

2019/Renewed

Amendment of the Packers & Stockyard Act

WHEREAS, there is need for continuous

review of the Packers & Stockyard Act (P&S Act) to

assure the agency is in step with the regulatory needs of

a rapidly changing cattle industry,

THEREFORE BE IT RESOLVED, NCBA

believes that if the P&S Act is opened the following

points should be implemented:

• Provide for a statutory “Dealer Trust”

similar to the existing “Packer Trust.”

• Deny registration to any applicant for

registration under the P&S Act with a

prior conviction of fraud, theft or

embezzlement.

• Seek alternative ways to enhance P&S

Act authority to expeditiously obtain

injunctions.

• Eliminate reparation authority from the

P&S Act.

• Strike the Secretary’s authority over rate

reasonableness.

• Enable the agency to file suit to enforce

the Statutory Trust provisions of 7 USC

196.

BE IT FURTHER RESOLVED, NCBA

protects prompt payment and packer trust provisions in

the event that the P&S Act is amended.

BE IT FURTHER RESOLVED, NCBA

opposes any federal legislative or regulatory attempt to

deny the Secretary of Agriculture the authority to

delegate brand inspection to qualified and duly-

organized livestock associations of any state.

BE IT FURTHER RESOLVED, NCBA

endorses and supports the inspection of brands, marks,

and other identifying characteristics of livestock sold at

all public markets, including satellite and video

auctions.

M 1.2

202/Renewed

P&SA User Fees

BE IT RESOLVED, NCBA opposes user

fees for Packers and Stockyard Administration

activities and services.

M 1.3

2021/ Renewed

Value-Based Marketing

WHEREAS, there has been substantial

interest in moving towards a value-based marketing

system and strategic alliances,

THEREFORE BE IT RESOLVED, NCBA

opposes any regulations, legislation, or policies that

limit methods of marketing cattle.

M 1.4

2017/Renewed

Feedlot Registration

WHEREAS, most custom feedlots are not

dealers in the normal sense of the term and do not

charge commissions for selling or showing their

customers’ cattle,

THEREFORE BE IT RESOLVED, NCBA

staunchly opposes blanket Packers & Stockyard

Administration registration of all custom feedlots.

M 1.5

2017/Renewed

Law Enforcement

BE IT RESOLVED, NCBA encourages the Justice

Department to enforce antitrust laws and asks USDA to

enforce current provisions of the Packers and

Stockyards Act of 1921 in order to maintain a free and

open cattle market.

M 1.6

2020/Renewed

Packer Ownership/Control

WHEREAS, the beef industry has made

progress in producing a more consistent product, and

WHEREAS, value-based pricing procedures

link flow of information between beef packers and

processors to cattle producers regarding product

quality, and

WHEREAS, the packer’s ability to purchase

or manage their supply more than 14 days prior to

delivery sustains an adequate supply of a consistent,

quality product, and

WHEREAS, it is important to have numerous

risk management tools available to beef producers,

THEREFORE BE IT RESOLVED, NCBA

opposes federal legislation which would eliminate

packer ownership and/or control of livestock because

the legislation would eliminate value based pricing,

reduces risk management options, and/or eliminates a

significant number of buyers of cattle in the U.S.

M 1.7

2019/Renewed

Livestock Weights for Sale

WHEREAS, the availability of local scale

facilities is essential for the orderly purchase and sale

of livestock, and

WHEREAS, it is critical that certified scale

facilities be inspected by an official licensing agency,

and

WHEREAS, scale certification renewal is

required on an annual cycle by most state licensing

agencies, and

WHEREAS, the Packer & Stockyard

Administration currently mandates that livestock

weights for purchase and sale must be from a scale

certified twice per calendar year,

THEREFORE BE IT RESOLVED, the Packer

& Stockyard Administration be urged to modify their

rules to allow all channels of trade by certified scales

officially inspected in accordance with individual state

statutes.

BE IT FURTHER RESOLVED, the Packer &

Stockyard Administration be urged to allow the use of

state certified scales whether or not it has a printer or

stamped ticket capability as long as it is agreed upon by

buyer and seller.

M 1.8

2021/Renewed

Electronic Funds Transfer & Lien Release

WHEREAS, the slowdown in the speed of

commerce and inefficiencies in the market are leading

to an increasing percentage of business in the cattle

industry being transacted via various forms of

electronic funds transfer, and

WHEREAS, rules and regulations regarding

transfer of title and the release of liens on livestock and

commodities purchased and sold via transactions using

electronic funds transfer are unclear, and

WHEREAS, the cattle industry, has an

emerging commercial practice that is hampered by an

outdated regulatory system, and

WHEREAS, the cattle industry recognizes the

best practice in conducting these transactions is to first

identify who you are legally doing business with, then

identify the legal lienholder either through a central

filing or direct notification method, and finally make

prompt payment to the legal entity and corresponding

lienholder,

THEREFORE BE IT RESOLVED, NCBA

will work with other state and national commodity

organizations as well as regulatory agencies and

financial institutions in an effort to clarify and

standardize regulations governing transfer of title and

release of liens when transactions are completed using

electronic funds transfer.

BE IT FURTHER RESOLVED, NCBA shall

continue to support the ability of individual states to

choose whether to adopt a central filing system under

section 1324 of the Food Security Act of 1985 or retain

the direct notification method to notify buyers of farm

products in the ordinary course of business of an

existing security interest created by the seller.

M 1.9

2021/Renewed

Grain Inspection Packers and Stockyards Act

Reform

WHEREAS, livestock markets provide a safe,

secure, and transparent marketing option for cattle

producers, and

WHEREAS, technology advances have

afforded new livestock marketing options such as

online and video auctions, and

WHEREAS, the Packers and Stockyards Act

does not formally protect cattle producers who sell

through online or video auctions and does not allow

modern forms of electronic payment such as automated

clearing house (ACH), and

WHEREAS, the Livestock Marketing

Association (LMA) has conducted nine listening

sessions across the United States and hosted a meeting

of national livestock organizations, including the

NCBA, on updating Packers and Stockyards Act

requirements,

THEREFORE BE IT RESOLVED, NCBA

will work with LMA to update the Packers and

Stockyards Act in the following two areas:

1. Extend Packers and Stockyard Act

protections (such as custodial account,

prompt payment, and bonding) to

producers who sell their cattle through

online and video auctions which sell

livestock on a commission or other fee

basis and handle or offer to handle the

proceeds.

2. Modern forms of electronic payment,

such as ACH payments, are a permissible

option if they fall within the prompt

payment timeframe.

M 1.10

2020/Amended

Fed Cattle Price Discovery

WHEREAS, a competitive fed-cattle market,

based on multiple price discovery points, is necessary

to achieve robust price discovery that sends proper price

signals throughout the supply chain, and

WHEREAS, robust price discovery is vital for

all cattle market participants, and

WHEREAS, properly functioning cash and

futures markets require transparent distribution of

market information and regionally sufficient negotiated

trade to achieve robust price discovery, and

WHEREAS, Livestock Mandatory Reporting

(LMR) defines negotiated trade as a cash or spot market

purchase of cattle by a packer or negotiation of a base

price, from which premiums are added and discounts

are subtracted, and

WHEREAS, the bid-and-offer cash fed cattle

trade remains the primary base factor for fed cattle

value determination on a nationwide basis, including

those transacted on alternative marketing mechanisms,

and

WHEREAS, all fed cattle market participants

have a shared responsibility to contribute to regionally

sufficient levels of negotiated trade in all cattle feeding

regions to achieve robust price discovery,

THEREFORE BE IT RESOLVED, NCBA

supports a voluntary approach that:

1. Increases frequent and transparent

negotiated trade to regionally sufficient

level, to achieve robust price discovery

determined by NCBA funded and

directed research in all major cattle

feeding regions.

2. Includes triggers to be determined by a

working group of NCBA producer leaders

by October 1, 2020.

BE IT FURTHER RESOLVED, if the

voluntary approach does not achieve robust price

discovery, as determined by NCBA funded and directed

research, and meet the established triggers that increase

frequent and transparent negotiated trade to a regionally

sufficient level, and triggers are activated, NCBA will

pursue a legislative or regulatory solution determined

by the membership.

BE IT FURTHER RESOLVED, NCBA

supports a three-year review and/or sunset provision on

any negotiated trade solutions implemented to allow for

a thorough cost benefit analysis to be conducted.

2. FUTURES

M 2.1

2017/Amnded

Futures Trading

WHEREAS, NCBA supports viable futures

exchanges to facilitate effective risk management

opportunities for the livestock industry, and

WHEREAS, the primary purpose of futures

and options markets is to perform the functions of price

discovery and risk transfer, and

WHEREAS, a healthy price discovery and risk

transfer mechanism requires transparency, participation

of numerous agents on both the buy and sell side, and

equal access to transactions and information for all

participants, and

WHEREAS, NCBA recognizes the traditional

role of the CME Group as the primary market venue for

the trading of futures and options on Live Cattle and

Feeder Cattle contracts, and

WHEREAS, NCBA will continue to monitor

any pending rule or regulatory changes that may impact

the ability of the futures markets to provide a

meaningful risk management function, and

WHEREAS, it is absolutely imperative that all

markets operate in a responsible manner, free and clear

of market abuse, and

WHEREAS, contract specifications should

match industry needs and facilitate convergence of

futures prices with the cash market to ensure a useful

risk management function is provided,

THEREFORE BE IT RESOLVED, NCBA

support initiatives between cattle producers, the CME

Group, and other market participants to increase

transparency, level access to information and

transactions, and foster an environment that builds

confidence in the ability of the hedging community to

effectively manage forward price risk using futures and

options on Live Cattle and Feeder Cattle contracts,

BE IT FURTHER RESOLVED, NCBA

supports the following:

1. Educational Activity: Coordinate various

groups to develop and initiate

comprehensive programs for NCBA

members on the mechanics of the

commodity futures and options markets,

the application of those risk management

tools to individual operations and

management objectives.

2. Law and Compliance: Support

enforcement of the law and compliance of

the regulations of the Commodity Futures

Trading Commission (CFTC), the

National Futures Association, and the

CME Group to protect the integrity of

agricultural futures markets.

3. Market Research: Encourage the

cooperation of government, private

agencies, and universities, to allocate

resources for basic commodity futures

market research and to explore the market

potential for new risk management

products.

4. Margin Authority: Support continued

authority of commodity futures

exchanges to have explicit frontline

responsibility for setting futures

contracts’ and options’ initial and

maintenance margin requirements with

improved CFTC oversight.

5. Exclusivity: Support reauthorization to

maintain the CFTC as the independent

and autonomous regulatory agency of the

commodity futures trading industry.

6. Protection of customer funds: Support

efforts to safeguard funds held on deposit

at brokerage houses on behalf of

customer-segregated accounts.

7. Delivery points: Support the existence of

numerous well-designed and efficient

physical delivery points to which cattle

may be delivered.

M 2.2

2017/Amended

CME Feeder Cattle Index

WHEREAS, the CME Feeder Cattle

contract’s primary purpose is to serve as a viable risk

management mechanism for producers, and

WHEREAS, the CME Feeder Cattle futures

contract is often used as a vehicle to aid in price

discovery of the cash feeder cattle market, and

WHEREAS, the CME Feeder Cattle contract

is a cash settled contract, and

WHEREAS, a narrower range of weights

included in the index results in a more clearly defined

and more representative cash index, and

WHEREAS, the contract is meant to represent

steer cattle that are destined to be placed directly into

feedyards to be finished to harvest weight, and

WHEREAS, the current cash index

parameters for the CME Feeder Cattle contract tend to

include many cattle that are destined to go back to grass

or into backgrounding facilities while excluding many

cattle that are being placed directly into feedyards, and

WHEREAS, the current CME Feeder Cattle

index composition lists a number of exclusions based

upon body and/or flesh condition and breed type, and

WHEREAS, NCBA believes the CME Feeder

Cattle index may not be fully representative of the cash

market,

THEREFORE BE IT RESOLVED, NCBA

supports ongoing evaluation of the CME Feeder Cattle

Index parameters to ensure the index is representative

of the cash market for the cattle that are destined to be

placed directly into feedyards to be finished to harvest

weight,

BE IT FURTHER RESOLVED, NCBA

supports implementing any subsequent CME Feeder

Cattle contract changes to coincide with the November

issue of the contract in subsequent years,

BE IT FURTHER RESOLVED, NCBA

supports the industry’s involvement in increasing the

volume of direct trade reported to USDA Market News,

BE IT FURTHER RESOLVED, NCBA work

with other industry stakeholders (CME Group, United

States Department of Agriculture, etc.) to initiate

university research and determine the feasibility and

expected impacts of the following actions:

1. Including in the CME Feeder Cattle Index

transactions from currently unreported

feeder cattle auctions through a

systematic electronic reporting process

that is audited and verified by the USDA

in combination with.

2. Including all excluded feeder cattle due to

condition (fancy, full, fleshy, gaunt and

thin) and all cash sales of feeder cattle

which are predominately of beef breeding

reported in the CME Feeder Cattle Index

via a combination of USDA-reported and

unreported feeder cattle auctions through

a systematic electronic reporting process

that is audited and verified by the USDA.

3. Removing market outlier transactions that

are reported via a combination of USDA

reported and unreported feeder cattle

auctions through a systematic electronic

reporting process that is audited and

verified by the USDA through a process

of statistically eliminating the

transactions with extreme prices (very

high prices and very low prices) relative

to the total distribution.

4. Including feeder cattle from other regions

in the CME Feeder Cattle Index with

potential adjustments for transportation

costs and other relevant factors.

M 2.3

2017/Amended

Futures Commission Merchants Insurance

WHEREAS, many cattle and beef producers

and other agricultural entities endure negative financial

impacts as a result of the bankruptcy of commodity

brokerage and clearing firms, and

WHEREAS, customer “segregated funds” on

deposit in futures margin accounts are not secured.

THEREFORE BE IT RESOLVED, NCBA

urge the development of an insurance program for

FCMs (similar to FDIC and/or SIPC insurance) that

would protect the value of excess customer funds on

deposit in futures margin accounts.

M 2.4

2020/Renewed

CME Group Feeder Cattle Index – Commented

Cattle and Market Outliers

WHEREAS, the CME Group Feeder Cattle

futures contract is often used as a vehicle to aid in price

discovery of the cash feeder cattle market, and

WHEREAS, the CME Group Feeder Cattle

contract is a cash settled contract, and

WHEREAS, the cash feeder cattle market

index acts as an objective target for the CME Group

Feeder Cattle contract to settle to, and

WHEREAS, the current index composition

lists a number of exclusions based upon body and/or

flesh condition in addition to breed type, and

WHEREAS, NCBA believes the index may

not be fully representative of the cash market,

THEREFORE BE IT RESOLVED, NCBA

works with other industry stakeholders (CME Group,

USDA, etc.) to initiate university research and

determine the feasibility and expected impacts of:

1. Including in the CME Group Feeder Cattle

Index transactions from currently unreported

feeder cattle auctions through a systematic

electronic reporting process that is audited and

verified by the USDA in combination with the

inclusion of all excluded feeder cattle due to

condition (fancy, full, fleshy, gaunt and thin)

and all cash sales of feeder cattle which are

predominately of beef breeding reported in the

CME Group Feeder Cattle Index via a

combination of USDA reported and

unreported feeder cattle auctions through a

systematic electronic reporting process that is

audited and verified by the USDA.

2. Removing market outlier transactions that are

reported via a combination of USDA reported

and unreported feeder cattle auctions through

a systematic electronic reporting process that

is audited and verified by the USDA through a

process of statistically eliminating the

transactions with extreme prices (very high

prices and very low prices) relative to the total

distribution.

3. Inclusion of feeder cattle from other regions in

the Index with potential adjustments for

transportation costs and other relevant factors.

M 2.5

2017/Amended

Algorithmic / High Frequency Futures Trading

WHEREAS, algorithmic / high frequency

trading has become a disruptive force in the futures

markets, causing artificial volatility not based on

fundamentals which is eroding price discovery and

negatively impacting the ability of cattle producers to

manage risk, and

WHEREAS, the speed with which algorithmic

/ high frequency trading occurs puts fundamental

traders at a competitive disadvantage, and

WHEREAS, NCBA supports viable futures

exchanges to facilitate effective risk management

opportunities and to enhance price discovery for the

livestock industry, and

WHEREAS, it is imperative that all markets

operate in a responsible manner, free and clear of

market abuse, and

WHEREAS, many cattle producers are

concerned about the integrity of the current futures

markets, specifically spoofing, order flow, and market

maker programs,

THEREFORE BE IT RESOLVED, NCBA

supports the following CME actions concerning

algorithmic / high frequency trading to address

concerns about market volatility and transparency:

1. Monitor, measure, and control livestock

contracts through the CME Globex

Messaging Efficiency Program.

2. Implement latency between trade actions

(cancel, cancel/replace, etc.).

3. Implement proactive procedures to more

quickly identify, monitor, and address

spoofing, layering, and quote stuffing /

excessive messaging.

4. Develop and implement robust

procedures for monitoring market

manipulation, acting on violations, and

reporting violations to stakeholders.

5. Release annual audit trail data for

independent analysis, which includes

firm-level generic identification while

maintaining confidentiality of individual

trades and traders.

6. Evaluate effectiveness of market maker

and trading incentive programs.

M 2.6

2018/Amended

CME Live Cattle Physical Delivery

WHEREAS, the CME Live Cattle contract is

an important risk management tool for the cattle

industry, and

WHEREAS, physical delivery on the Live

Cattle contract is a necessary function to facilitate

convergence of futures prices with the cash market, and

WHEREAS, variable timing, availability, and

accuracy of reports of cash market trades used in a Live

Cattle cash settlement index could create additional

volatility, and

WHEREAS, additional research, study and

industry agreement is needed before adopting a Live

Cattle cash settlement index, and

WHEREAS, the Live Cattle delivery process

serves to promote convergence of cash and futures

prices and producer a more consistent basis,

THEREFORE BE IT RESOLVED, NCBA

supports physical delivery of live cattle as early as

possible upon expiration of the contract,

BE IT FURTHER RESOLVED, NCBA

opposes any changes to the Live Cattle contract by the

CME that would create a Live Cattle cash settlement

index or process in place of physical delivery for live

cattle,

BE IT FURTHER RESOLVED, NCBA works

with industry stakeholders to consider possible

improvements in the delivery process to embrace new

technologies and increase efficiencies.

M 2.7

2021/Renewed

CME Group’s Live Cattle and Feeder Cattle

Futures

WHEREAS, NCBA recognizes the

importance of the availability of effective risk

management tools for members to use for offsetting

price risk, and

WHEREAS, NCBA recognizes the traditional

role of the CME Group as the primary market venue for

the trading of futures and options on Live Cattle and

Feeder Cattle contracts, and

WHEREAS, the primary purpose of futures

and options markets is to perform the functions of price

discovery and risk transfer, and

WHEREAS, a healthy price discovery and risk

transfer mechanism requires transparency, participation

of numerous agents on both the buy and sell side, and

equal access to transactions and information for all

participants,

THEREFORE BE IT RESOLVED, NCBA

supports initiatives between cattle producers, the CME

Group, and other market participants to increase

transparency, level access to information and

transactions, and foster an environment that builds

confidence in the ability of the hedging community to

effectively manage forward price risk using futures and

options on Live Cattle and Feeder Cattle contracts.

M 2.8

2017/Amended

CME Group’s Live Cattle Contract Specifications

WHEREAS, NCBA views an effectively

functioning futures contract as the most preferable form

of risk management mechanism for the cattle feeding

industry, and

WHEREAS, CME Live Cattle and Feeder

Cattle contract specifications must be balanced to the

needs of both hedgers of the underlying commodity and

speculative participants and market makers for such

contracts to remain viable, and

WHEREAS, it is imperative that the CME

Live Cattle and Feeder Cattle contracts have daily price

limits which are appropriate to allow the market to

function efficiently in times of high volatility regardless

of prevailing price levels,

THEREFORE BE IT RESOLVED, NCBA

supports CME Live Cattle contract specifications that

equally incentivize both short and long participation in

the marketplace and the existence of numerous well

designed and efficient physical delivery points to which

cattle may be delivered.

M 2.9

2017/Amended

CME Live Cattle & Feeder Cattle Futures

Contracts Price Limits

WHEREAS, the current daily price limit for

Live Cattle is $3.00 and Feeder Cattle is $4.50, and

WHEREAS, the current rules allow for daily

limits to expand to $4.50 on Live Cattle and $6.75 on

Feeder Cattle on the next day following a limit’s close,

and

WHEREAS, the current limits and expanded

limits have on most occasions allowed the market to

function and trade on the second day, and

WHEREAS, the CME has the ability to

temporarily expand daily price limits in times of

extreme market conditions,

THEREFORE BE IT RESOLVED, NCBA

supports the current daily limits and would oppose any

increase in daily price limits to Live Cattle and Feeder

Cattle.

M 2.10

2021/New

CME Group Live Cattle & Feeder Cattle Futures

Contracts Price Limits

WHEREAS, expandable price limit

mechanisms within the CME Group Live Cattle and

Feeder Cattle contracts provide a useful means to allow

the market to function efficiently in times of high

volatility regardless of prevailing price levels,

THEREFORE BE IT RESOLVED, NCBA

supports the use of expanded price limits following a

limit move event.

BE IT FURTHER RESOLVED, NCBA

opposes formula-based variable price limits as a means

to expand daily price limits within the CME Group Live

Cattle and Feeder Cattle contracts.

3. REPORTING

M 3.1

2020/Amended

LMR Regional Reporting

WHEREAS, the data provided through

USDA’s Livestock Mandatory Reporting (LMR)

system is vitally important to producers and enhances

their ability to make informed marketing decisions; and

WHEREAS, national negotiated trade reports

through LMR currently report price and volume in

categories of 0-14 and 15-30 day delivery periods,

THEREFORE BE IT RESOLVED, NCBA

supports regional LMR reporting by packers of price

and volume of negotiated trade by 0-14 and 15-30 day

delivery periods.

BE IT FURTHER RESOLVED, NCBA

supports withholding weekly LMR price reports from

the specific region if any one region does not reach

regionally sufficient negotiated trade levels to achieve

robust price discovery on a weekly basis.

BE IT FURTHER RESOLVED, NCBA

supports regionally sufficient levels of robust price

discovery determined by NCBA funded and directed

research in all major cattle feeding regions.

BE IT FURTHER RESOLVED, NCBA

supports revisions to improve LMR reports by

providing more timely and greater data detail that

includes:

1. An 11:00 am daily LMR report providing

average carcass weights of cattle

harvested the previous day.

2. Increasing data accuracy by eliminating

confidentiality requirements.

M 3.2

2019/New

USDA Livestock Mandatory Reporting Regions

WHEREAS, the USDA Livestock Mandatory

Reporting (LMR) regional fed cattle price and volume

reports serve an important function in providing fed

cattle market transparency, and

WHEREAS, the current 5-area reporting

regions reflect the five main fed cattle market regions

(Texas Panhandle, western Kansas, eastern Colorado,

Nebraska, and the Western Cornbelt),

THEREFORE BE IT RESOLVED, NCBA

oppose any LMR region change that would negatively

impact the transparency and specificity of data reported

from the Texas Panhandle, western Kansas, eastern

Colorado, Nebraska, and the Western Cornbelt until a

comprehensive study is completed,

BE IT FURTHER RESOLVED, Wyoming

fed cattle trade information should be added to the

Colorado region report.

M 3.3

2020/New

Livestock Mandatory Reporting

WHEREAS, the CME Group Feeder Cattle

futures contract is often used as a vehicle to aid in price

discovery of the cash feeder cattle market, and

WHEREAS, the CME Group Feeder Cattle

contract is a cash settled contract, and

WHEREAS, the cash feeder cattle market

index acts as an objective target for the CME Group

Feeder Cattle contract to settle to, and

WHEREAS, the current index composition

lists a number of exclusions based upon body and/or

flesh condition in addition to breed type, and

WHEREAS, NCBA believes the index may

not be fully representative of the cash market,

THEREFORE BE IT RESOLVED, NCBA

works with other industry stakeholders (CME Group,

USDA, etc.) to initiate university research and

determine the feasibility and expected impacts of:

1. Including in the CME Group Feeder

Cattle Index transactions from currently

unreported feeder cattle auctions through

a systematic electronic reporting process

that is audited and verified by the USDA

in combination with the inclusion of all

excluded feeder cattle due to condition

(fancy, full, fleshy, gaunt and thin) and all

cash sales of feeder cattle which are

predominately of beef breeding reported

in the CME Group Feeder Cattle Index via

a combination of USDA reported and

unreported feeder cattle auctions through

a systematic electronic reporting process

that is audited and verified by the USDA.

2. Removing market outlier transactions that

are reported via a combination of USDA

100

reported and unreported feeder cattle

auctions through a systematic electronic

reporting process that is audited and

verified by the USDA through a process

of statistically eliminating the

transactions with extreme prices (very

high prices and very low prices) relative

to the total distribution.

3. Inclusion of feeder cattle from other

regions in the Index with potential

adjustments for transportation costs and

other relevant factors.

M 3.4

2020/New

Transparency of Formula Transactions

WHEREAS, the use of formula transactions

has increased while negotiated cash trade has

significantly decreased, and

WHEREAS, the details of formula

transactions, including the base price and any premiums

applied, are not reflected in Livestock Mandatory

Reporting (LMR), and

WHEREAS, a healthy price discovery

requires transparency, participation of numerous agents

on both the buy and sell side, and equal access to

transactions and information for all

participants,

WHEREAS, a cattle contract library is

intended to aid in the price discovery process and

provide equal access to market information for all

market participants,

THERFORE BE IT RESOLVED, NCBA

supports the USDA Secretary of Agriculture

establishing and maintaining a library or catalog of the

types of contracts offered by packers to beef producers

for the purchase of cattle (including cattle that are

purchased for future delivery),

BE IT FURTHER RESOLVED, NCBA

supports initiatives to increase transparency in formula

transactions and to require LMR to publicly report the

details of formula transactions including the net price,

base price, and any premiums.

M 3.5

2020/New

Next Day Cattle Weights

WHEREAS, the USDA Livestock Mandatory

Reporting (LMR) requires reporting of carcass weights,

and

WHEREAS, average carcass weights are not

reported publicly until 13 days later, and

WHEREAS, slaughter data provides valuable

information to cattle producers,

THEREFORE BE IT RESOLVED, NCBA

supports an 11:00 a.m. daily LMR report providing the

average carcass weight of cattle harvested the previous

day.

4. GRADING

M 4.1

2021 /Renewed

Beef Grading

WHEREAS, consumers expect high quality

and consistent beef products, and

WHEREAS, today’s USDA grading system

relies upon individual subjective evaluations, which in

itself causes great inconsistency between regions,

packing plants, and graders, and

WHEREAS, recent and future technological

advancements make it possible to use instrument

grading technologies that more accurately identify and

quantify beef quality traits, and

WHEREAS, the “Marbling Standards Task

Force” has been established to develop the standards for

instrument grading,

THEREFORE BE IT RESOLVED, NCBA

requests USDA support the use of instrument vision

grading technologies, therefore assisting the industry

towards an improved, objective, consistent system for

evaluating beef quality characteristics.

101

M 4.2

2018/New

United States Department of Agriculture’s Quality

Grades & Consumer Clarity in Retail Marketing

WHEREAS, United States Department of

Agriculture (USDA) Quality Grades of Prime, Choice,

and Select have a long history in the beef industry to

indicate quality of beef products and have become an

inherent part of the beef marketing system in the United

States (U.S.), and

WHEREAS, the U.S. consumer uses beef

quality grades for product selection, and

WHEREAS, utilizing paralleled terminology

when grading meat domestically will cause consumer

confusion much like the recent retail cut nomenclature

changes,

THEREFORE BE IT RESOLVED, NCBA

supports the use of the terms Prime, Choice, and Select

exclusively by the beef industry to indicate level of

quality and market product.

5. TRANSPORTATION

M 5.1

2019/Renewed

Transportation Standardization and Efficiency

WHEREAS, transportation of cattle affects

the beef industry’s ability to do day-to-day operations,

and

WHEREAS, exorbitant transportation costs

are detrimental to the profitability and the livelihood of

cattle marketers and producers, and

WHEREAS, laws differing drastically from

state to state on transportation of all types of cargo

including cattle cause added difficulties and costs to the

transportation of cattle,

THEREFORE BE IT RESOLVED, NCBA

support state cattlemen’s organizations in developing

and executing policy that will help alleviate the added

cost of transportation due to increased fuel prices and

laws that allow for inefficient transportation of cattle

and other cargo by providing information to develop

policy that helps all agricultural states adopt efficient

and uniform transportation laws that increase allowable

weight, length, and trailer requirements.

M 5.2

2019/Renewed

Shipment of Cattle from Hawaii

WHEREAS, the Hawaii cattlemen ship 50,000

head of calves to the mainland annually, and

WHEREAS, the most efficient and practical

method of humane livestock shipment is the use of

livestock carriers and there are no such U.S. carriers,

therefore foreign livestock carriers must be used, and

WHEREAS, the Jones Act prohibits the use of

these foreign livestock carriers between Hawaii and the

U.S. mainland,

THEREFORE BE IT RESOLVED, NCBA

supports reform of the Jones Act to allow the use of

foreign owned or built livestock carriers to ship cattle

between Hawaii and the U.S. mainland.

M 5.3

2019/Renewed

Truck Weights

WHEREAS, NCBA is concerned about the

increased costs of producing and transporting livestock,

and

WHEREAS, the cost of transporting livestock

has increased dramatically in the last two years, and

WHEREAS, the livestock industry involves

the transportation of livestock across state lines, and

WHEREAS, the lack of uniformity of weight

limits for vehicles hauling livestock between states

causes confusion and added expense to producers,

THEREFORE BE IT RESOLVED, NCBA

sponsor legislation that would standardize and increase

weight limits for vehicles hauling livestock intrastate

and interstate.

M 5.4

2017/New

Department of Transportation’s Livestock

Transportation Hours of Service Standards

WHEREAS, livestock haulers must adhere to

Hours of Service standards that regulate how long a

single individual can operate a truck before taking a

mandatory rest period, and

102

WHEREAS, strict enforcement of the Hours

of Service standards will compromise animal welfare

by forcing livestock to be transferred between trucks or

remain on a trailer for an extended period of time while

the driver rests, and

WHEREAS NCBA opposes any policy on

enforcement of extended layovers of livestock on

trailers due to transportation regulations, and supports

an hours of service exemption to allow cattle to be

transported to their final destination where they may

receive proper care, feed, and water, and

WHEREAS, cattle producers often need to

transport livestock distances further than currently

allowed by the Hours of Service standards, and will

incur increased costs and/or decreased cash prices as a

result,

THEREFORE BE IT RESOLVED, NCBA

work with Congress and the United States Department

of Transportation to create a permanent exception from

the Hours of Service mandate for the transportation of

livestock and exempt all not-for-hire and for-hire intra-

state commercial agriculture hauling from the

mandatory use of an Electronic Logging Device (ELD),

BE IT FURTHER RESOLVED, NCBA

recognizes the priority objective shall be a full

exemption from the Hours of Service mandate for the

transportation of livestock, but should that exemption

not be achievable, to seek other forms of regulatory

relief which will avoid situations:

1. Where animal welfare may be

jeopardized.

2. Which increase costs to cattle producers

for the transportation of livestock.

3. Which results in a shortage of trucks

available to haul cattle.

BE IT FURTHER RESOLVED, NCBA

coordinates with the American Trucking Association,

American Farm Bureau Federation, Livestock

Marketing Association, NCBA’s Livestock Marketing

Council, National Pork Producers Council, National

Milk Producers Federation, state affiliates, and other

livestock organizations deemed appropriate to identify

revisions to the Hours of Service regulation that will

benefit the livestock industry.

103

PROPERTY RIGHTS & ENVIRONMENTAL MANAGEMENT

Tom Hougen, MT – Chair Charlie Besher, MO – Vice Chair

Scott Yager & Mary-Thomas Hart, Staff

1 GENERAL

1.1 2020 Livestock Production and Resource

Stewardship

1.2 2018 NCBA’s Environmental Platform

1.3 2017 General Policy for Private Lands

and Water

1.4 2018 Defining Regulatory Authority over

Waters of the United States

1.5 2019 Public Interest Lawsuits

1.6 2018 Unauthorized Land and Water

Initiatives

1.7 2019 Public Access to Private Land

1.8 2020 USDA NRCS Conservation

Stewardship Program (CSP)

1.9 2021 Grazing Land Conservation

1.10 2020 Environmental Quality Incentives

(EQIP) Penalties

1.11 2017 Support for the Environmental

Quality Incentives Program (EQIP)

1.12 2017 Environmental and Economic

Implications of Government-

Mandated Renewable Fuels

Production

1.13 2020 Life Cycle Analysis

1.14 2020 Equal Access to Justice Act (EAJA)

1.15 2020 Public Access to Obtain Public

Funding

1.16 2021 Permit Coordination

1.17 2020 Beef Sustainability

1.18 2020 PFAS Risk Mitigation

1.19 2020 Federal Agency Investigation

Authority

1.20 2021 Feral Swine Eradication

2 NATURAL RESOURCES

2.1 2019 Wild and Scenic Rivers and Scenic

Highways and Byways Bills

2.2 2020 Wetlands: No Net Loss

2.3 2019 Bureau of Reclamation

2.4 2020 Role of NRCS on Privately Owned

Lands

2.5 2020 Liability for Government-Mandated

Programs

2.6 2021 Superfund and Resource

Conservation & Recovery Act

Exemption for Livestock Manure

2.7 2018 Groundwater Pollution

2.8 2019 National Grazing Lands Coalition

2.9 2017 Prescribed Burning

2.10 2019 Environmental Quality Incentives

Program and Other Programs

2.11 2018 Latent Liability Protection

2.12 2019 Livestock Manure

2.13 2018 Air Quality Standards

2.14 2020 Brush and Noxious Plant

Management

2.15 2018 Noise and Air Quality

2.16 2020 Animal Feeding Operation

2.17 2019 Universal Soil Loss Equation

(USLE)

2.18 2021 Funding for Technical Assistance

2.19 2017 Alternative Technologies for

Feedlots

2.20 2018 NRCS Conservation Issues

2.21 2018 Ecological Site Descriptions

2.22 2019 USDA Reorganization

2.23 2020 NRCS Conservation Program

Simplification

2.24 2020 Support for Funding of Voluntary,

Locally Led Conservation Efforts

through Resource Conservation

Districts and the NRCS

2.25 2017 Waiver of Fees for Projects

2.26 2018 Groundwater Regulation Under the

Clean Water Act

2.27 2021 Climate Change, Ecosystem

Services, Carbon Sequestration and

Greenhouse Gases

3 PROPERTY RIGHTS

3.1 2019 Emergency Replacement and Repair

of Private Property

3.2 2018 Venue Legislation

3.3 2020 Indirect Acquisition

3.4 2021 Beef Producer Representation on

Environmental Agency

Commissions and Committees

3.5 2021 Eminent Domain

3.6 2021 Public Access

3.7 2017 Property – Abandoned

3.8 2017 Government Coercion

3.9 2017 No Net Loss of Private Property

3.10 2018 Government Agency Land

Acquisitions and Management Plans

3.11 2019 Rails to Trails

3.12 2018 Voluntary Conservation Easements

104

3.13 2019 Federal Lands Acquisition

3.14 2020 Disclosure of Information by

Government Agencies

3.15 2020 Military Aviation Training Missions

3.16 2018 Strengthening Conservation and

Technical Assistance

3.17 2018 Trespass and Unmanned

Surveillance

3.18 2017 Aerial Surveillance

3.19 2020 Opposition to National Heritage

Areas

4 ENDANGERED SPECIES

4.1 2018 Wildlife Services Program

4.2 2020 Animal Damage Control

4.3 2018 Endangered Species Act

Reauthorization

4.4 2018 Special Status Species

4.5 2019 Reintroduction of Grizzly Bears

4.6 2018 Wildlife – International Treaty

4.7 2017 Delisting Threatened and

Endangered Species

4.8 2017 Biological Diversity

4.9 2018 Sage Grouse

4.10 2019 Wolf and/or Grizzly Bears Recovery

Delisting Goal

4.11 2019 Species Recovery and Introduction

4.12 2020 Predator Control

4.13 2017 Voluntary Species Recovery Credit

System

4.14 2020 Migratory Bird Treaty Act

4.15 2019 Incentive-based Conservation

Efforts for Species and Habitats

105

1. GENERAL

PR/EM 1.1

2020/Renewed

Livestock Production and Resource Stewardship

WHEREAS, productive natural resources are

vital for the well-being not only of the individual farmer,

rancher, or feeder, but also for the local, state, and

national economy and society as a whole. Healthy

natural resources provide a healthy watershed and a

renewable source of feed for domestic animals and

wildlife. Farming and ranching sustains open spaces and

aesthetic features which contribute to recreational

opportunities,

THEREFORE BE IT RESOLVED, NCBA

shall not be compelled to defend anyone in the beef cattle

industry who has clearly acted to abuse grazing, water,

or air resources.

BE IT FURTHER RESOLVED, NCBA

promotes the prudent use of natural resources and offers

the following resource stewardship recommendations:

1. Recognize the environment for its varying

and distinct properties.

2. Manage for the whole resource, including

climate, soil, topography, plant and animal

communities.

3. Realize that natural resources are ever-

changing, and management must adapt.

4. Recognize and appreciate the

interdependence of ecosystems.

5. Recognize that management practices

should be site- and situation-specific, and

must be locally designed and applied.

6. Recognize that successful management is

an ongoing, long-term process and commit

to sound stewardship, economic success,

and business continuity.

7. Strive to develop a management

framework that involves family,

employees, and business associates so that

the entire team is committed to common

goals.

8. Monitor and document for effective

practices.

9. Never knowingly cause or permit abuses

that result in permanent damage on public

or private land.

10. Develop ways to communicate and share

the vast practical experience of other

resource stewards.

11. Become involved in organizations that

provide an effective way to educate and

support individuals.

12. Solicit input from a variety of sources on

a regular basis as a means to improve the

art and science of resource management.

13. Help develop public and private research

projects to enhance the current body of

knowledge.

14. Recognize that individual improvement

is the basis for any change.

15. Communicate with diverse interests to

resolve resource management issues.

BE IT FURTHER RESOLVED, NCBA

recognizes the value and benefit of periodic input and

revision to keep the commitment to resource

stewardship alive.

PR/EM 1.2

2018/Amended

NCBA’s Environmental Platform

WHEREAS, cattlemen have a special

appreciation of the natural world as individuals

producing food and fiber from renewable natural

resources, while conserving and improving these

resources on an ecologically and economically sound,

sustainable basis, and

WHEREAS, private property rights, property

values, and management flexibility should be

enhanced because beef should be recognized as an

environmentally friendly product and sound beef

production as an integral component of environmental

management, and

WHEREAS, to protect private property

rights, enhance and preserve property values, maintain

flexibility in the prudent management of natural

resources, and improve and promote consumer

demand for beef, cattlemen must implement a bold,

creative strategy on environmental issues, and

WHEREAS, beef production should be

represented and recognized as one of the most vital

and environmentally sustainable components of

American agriculture and should be correctly

perceived by consumers as an environmentally

friendly product, and

WHEREAS, cattlemen should be more

widely recognized as expert, responsible stewards of

our nation’s natural resources, including those of soil,

water, air, vegetation, and wildlife,

106

THEREFORE BE IT RESOLVED, NCBA

shall continue to support comprehensive research

programs to thoroughly assess the condition of the

resources utilized in the production of beef and producer

education programs that disseminate both current and

innovative technologies and management techniques and

encourage prudent use and management of natural

resources,

BE IT FURTHER RESOLVED, NCBA shall

expand its informational, political, and legal tools to

protect cattlemen and the environment from ill-advised

legislation and regulations which restrict management

options, reduce land values, reduce economic incentives

for prudent resource management, and increase

government ownership or control of natural resources,

BE IT FURTHER RESOLVED, NCBA shall

support progressive and innovative environmental

approaches that demonstrate to the public that privately

owned and managed natural resources are more

effectively conserved and protected than resources

owned or controlled by government,

BE IT FURTHER RESOLVED, NCBA shall

form action-based alliances that promote the importance

of private ownership of land, productive use of natural

resources, and the environmental effectiveness of the

private sector,

BE IT FURTHER RESOLVED, NCBA shall

initiate an informational and cooperative dialogue, and

coordinate to the most practical and political extent, a

consolidated effort between other segments of animal

agriculture, and will strongly encourage reciprocal

dialogue, assistance, and advisement between NCBA

and affiliate organizations regarding local, state, and

national initiatives affecting animal agriculture,

BE IT FURTHER RESOLVED, NCBA shall

strive to position beef in its true role as an

environmentally friendly product with diverse audiences

of opinion leaders, public influencers, and consumers.

PR/EM 1.3

2017/Amended

General Policy for Private Lands and Water

WHEREAS, the right of an individual to own

property is protected by the federal and various state

constitutions together with rights of life and liberty, and

WHEREAS, government policy should

enhance the individual right of free choice in land, water,

soil, and energy use, development, and conservation, and

WHEREAS, government policy should be

carried out by all branches and levels of governments,

THEREFORE BE IT RESOLVED, NCBA

shall take the following positions:

1. Private Land Ownership: NCBA

opposes any loss of private lands or

water rights including waters arising or

claimed on federal lands without specific

procedures of due process of law and just

compensation (as provided in the V and

XIV amendments of the U.S.

Constitution). Agreements involving

individual private land and water rights

shall be solely a decision of individual

private property owners.

2. Cooperative Federalism: NCBA

opposes federal efforts to seek the

establishment of instream flows on any

river or stream in any state, inter-basin,

or interstate transfer of water except as

freely agreed upon between the states or

basins affected. NCBA also opposes

federal interferences with existing

ditches and structures in connection with

any water right on either private, state, or

federal lands and federal preemption or

interference with an individual filing on

water rights under state law, except in

full compliance with the law of the state.

The laws and policy of state and local

governments and private rights should

be paramount in governing the use and

ownership of water and natural

resources. The authority of each

sovereign state to allocate quantities of

water within its jurisdiction shall not be

superseded, abrogated, or otherwise

impaired by governmental action. Rights

to use surface and ground water

established under state law are private

property rights, constitutionally

recognized, and protected.

3. Federal Reserved Water Rights: NCBA

supports that the water rights claimed by

the United States and the Indian Tribes

under the Federal Reserved Water

Rights Doctrine (Winters Doctrine)

should be determined and administered

under state procedures or by agreement

with the several states. Such water rights

should be restricted to the expressed

purpose for which the reservation was

originally set aside as of the date of

creation and in the amounts then

107

contemplated. The United States, specific

Indian Tribes, and states should take

prompt action to quantify reserved water

rights.

4. No Non-Reserved Water Rights: NCBA

supports the concept that federal non-

reserved rights shall not be recognized, but

the United States may acquire new water

rights pursuant to state law.

5. Indian Water Claims: NCBA believes and

supports that the trust obligation of the

United States to Indians can be fairly and

justly met by alternate means, without

divesting the owners of their established

water rights and without prejudging the

Indian water rights claims or without

prejudice to their justice. In connection

with federal encouragement and

recognition, private water rights have been

acquired in accordance with state laws to

which Congress has invariably deferred.

Substantial investments have been made in

reliance on these water rights.

6. Groundwater: NCBA supports the goal of

minimal degradation of groundwater; but

until adequate research is completed upon

which to base decisions, we urge restraint

in developing rules to achieve this goal.

7. Wilderness Legislation: NCBA opposes

any wilderness legislation until such time

as the question of reserved water rights on

federal land is resolved in a manner

ensuring such additional designations to

the National Wilderness Preservation

System shall not, directly or indirectly,

reserve or otherwise create a right to the

appropriation, diversion, use, or flow of

water to or by the United States. NCBA

opposes expansion of the Wild and Scenic

River System. NCBA supports the

following language: “No provisions of this

Act or any other act of Congress

designating areas as part of the National

Wilderness Preservation System, nor any

guidelines, rules, or regulations issued

hereunder, shall constitute the

establishment of an expressed or implied

right to the acquisition, diversion,

appropriation, use, or flow of water to the

federal government because of the

designation except in full compliance with

states’ water laws.”

8. Wetlands: NCBA recognizes the

importance of traditional wetlands in

providing fish and wildlife habitat and

ensuring quality water. NCBA supports

wetlands management in those

traditional areas only when those

activities do not infringe upon the rights

of the individual and the respective states

to determine the uses of their land and

water resources.

9. Federal Regulations and Restraints:

NCBA does not believe any department

or agency of the United States

Government shall diminish the value of

a water right by unreasonable restraint or

regulation. No federal, regional, or

multi-state water entity shall in any way

diminish, alter, or in any manner affect

private water rights or a state’s legal

right to allocate and administer water.

10. Riparian Areas: NCBA opposes

regulations by federal or state agencies

to fence riparian areas except when the

proposed sites are studied in full

cooperation with the private livestock

operator and where a comprehensive

cooperative agreement, with recognition

of stock water rights, is voluntarily

entered into between the agency and

livestock operator or permittee.

11. Sustainability: NCBA believes that

cattle production is an efficient and

environmentally sound use of renewable

natural resources (air, water, soil, and

vegetation). Successful, sustainable

cattle production depends on the prudent

management of renewable natural

resources with long- term, productive,

multiple use benefits. These resources

such as air, water, soil, vegetation,

forest, and fish are dynamic, resilient,

renewable resources and respond

positively to prudent management.

Management practices which best

sustain and enhance natural resources

are site- and situation- specific. The most

environmentally effective and

productive management of natural

resources occurs through private

ownership and individual management

which maximizes flexibility and choice.

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PR/EM 1.4

2018/Amended

Defining Regulatory Authority over Waters of the

United States

WHEREAS, wetlands and non-navigable

waters are found on a large portion of agricultural lands,

and we believe farmers and ranchers should be able to

use their land for production to the greatest extent,

THEREFORE BE IT RESOLVED, NCBA

shall seek regulations and/or legislation to prevent the

expansion of federal jurisdiction under the Clean Water

Act,

BE IT FURTHER RESOLVED, NCBA shall

work with Congress and the federal agencies to rescind

and replace the 2015 Waters of the United States rule and

restore jurisdiction of non-federal waters to the states.

PR/EM 1.5

2019/Renewed

Public Interest Lawsuits

WHEREAS, the so-called “citizen suits”

provisions in many federal environmental statutes have

been abused to destroy traditional concepts of standing

to sue, leading to unnecessary and expensive litigation,

and

WHEREAS, this has led to courts establishing

policy instead of the legislature,

THEREFORE BE IT RESOLVED, NCBA

shall support language that requires:

• A pecuniary interest in an amount equal to

or greater than the jurisdictional amount of

the court,

• Residency within the jurisdiction of the

court,

• Posting a bond adequate to meet

preliminary injunction or temporary

restraining order damages.

PR/EM 1.6

2018/Amended

Unauthorized Land and Water Initiatives

BE IT RESOLVED, NCBA shall oppose any

federal land and/or water initiatives unauthorized by

Congress and/or pursued without landowners’ consent

that could infringe upon the rights of private property

owners. Such initiatives include the American Heritage

Rivers Initiative.

PR/EM 1.7

2019/Renewed

Public Access to Private Land

BE IT RESOLVED, NCBA shall oppose

including public access to private property as a

condition of, or in the prioritization process for,

receiving federal cost share funds for conservation and

other farm programs.

PR/EM 1.8

2020/Amended

USDA NRCS Conservation Stewardship Program

(CSP)

WHEREAS, the CSP provides unique

benefits for producers who maintain and improve

existing conservation systems, and

WHEREAS, access to CSP funding is

currently based on a prescribed set of management

practices, and

WHEREAS, the Environmental Quality

Incentives Program (EQIP) is less restrictive than

CSP,

THEREFORE BE IT RESOLVED, NCBA

supports an increase in CSP funding so that all eligible

producers who wish to participate in the program will

be able , payment rates will be sufficient to encourage

producer participation, and cost share will be made

available for all practices listed in the Farm Bill.

BE IT FURTHER RESOLVED, NCBA

supports a simplified CSP which shall be based on

outcomes and adaptive management rather than a

prescribed set of management practices.

BE IT FURTHER RESOLVED, NCBA

prioritizes increased funding in the EQIP over

increased funding in the CSP.

PR/EM 1.9

2021/Renewed

Grazing Land Conservation

WHEREAS, rangelands include a rich and

varied landscape of grasslands, oak woodlands, vernal

pools, riparian areas, and wetlands which support

numerous imperiled and native plant and animal

species, and

WHEREAS, many rangelands are today at

109

significant risk of conversion to development and other

uses, and

WHEREAS, these rangelands and the species

that rely on these habitats largely persist today due to

grazing and other land stewardship practices of the

ranchers that have owned and managed these lands and

are committed to their health, and

WHEREAS, these rangelands are a critical

foundation of the economic and social fabric ofthe U.S.

ranching industry and rural communities and will only

continue to provide these societal benefits is rangelands

remain in ranching,

THEREFORE BE IT RESOLVED, NCBA

shall work aggressively to accomplish the following:

• Educate the public regarding the

environmental benefits associated with

grazing and rangeland agriculture.

• Streamline processes regarding

consultations and other regulatory

requirements to eliminate current

disincentives to voluntary conservation

efforts.

• Provide tax incentives and other benefits to

those ranchers actively working to benefit

the environment.

• Pursue the expansion of the use of safe

harbor agreements, exclusion of critical

habitat, and use of the 4(d) rule for the

listing of habitat and species.

BE IT FURTHER RESOLVED, NCBA shall

work on a national level to partner with state affiliates,

conservation, and agricultural organizations to achieve

these goals.

PR/EM 1.10

2020/Amended

Environmental Quality Incentives Program

(EQIP) Penalties

WHEREAS, agricultural producers are

currently subject to undisclosed penalties if they cancel

an EQIP contract, and

WHEREAS, the NRCS requires applicants to

sign contracts before the final cost is known, and

WHEREAS, EQIP contracts fail to account for

inflation through the term of the agreement,

THEREFORE BE IT RESOLVED, NCBA

opposes unreasonable penalties associated with

cancellation of an EQIP contract.

BE IT FURTHER RESOLVED, NCBA holds that

NRCS shall not require an applicant to sign a contract

until the final cost of the contract is known to, and

approved by, the applicant.

BE IT FURTHER RESOLVED, NCBA supports

allowing producers who enter into an EQIP contract

with NRCS the ability to periodically revise the terms

of a multiple-year contract to adjust for rising costs

over time. Such revision shall include raising the

contract cost share by an amount equal to an increase

in the inflation rate.

BE IT FURTHER RESOLVED, any penalty for

cancellation shall be disclosed to the applicant prior to

signing the contract.

PR/EM 1.11

2017/Renewed

Support for the Environmental Quality Incentives

Program (EQIP)

WHEREAS, the Environmental Quality

Incentives Program (EQIP) has proven to be an

effective tool for ranchers implementing sound

conservation practices on rangeland,

THEREFORE BE IT RESOLVED, NCBA

shall support efforts to maintain and enhance EQIP at

sixty percent or greater allocation for livestock- related

applications for all sizes of ranching and feeding

operations.

PR/EM 1.12

2017/Amended

Environmental and Economic Implications of

Government-Mandated Renewable Fuels

Production

BE IT RESOLVED, NCBA shall support:

1. Continued federally-funded research

programs to evaluate the potential

economic implications on the cost of

food production, as well as the

environmental implications, both on air

and water quality, of feeding distillers

grain co-products to beef cattle.

2. Legislative and regulatory

environmental relief for cattle operations

that are appropriately utilizing and

110

feeding the co-product of the renewable

energy industry.

PR/EM 1.13

2020/Amended

Life Cycle Analysis

WHEREAS, negative claims about the

environmental impacts of beef production are prominent

in both public and policy discussions, and

WHEREAS, these claims have the potential to

affect consumer demand for beef and foster burdensome

regulation that affect the profitability of beef production,

and

WHEREAS, the beef industry has led the

development of a U.S. Beef Industry Life Cycle Analysis

of the beef value chain, and has become an important

benchmark,

THEREFORE BE IT RESOLVED, NCBA

continues to expand the credibility and validity of the

U.S. Beef Industry Life Cycle Analysis, through regional

data collection, periodic updates, and re-certification of

the primary data.

PR/EM 1.14

2020/Renewed

Equal Access to Justice Act (EAJA)

WHEREAS, the Equal Access to Justice Act

(EAJA) and other fee-shifting statutes provide for the

award of attorney fees and other expenses to parties in

litigation against the government, and

WHEREAS, an eligible party may receive an

award when it prevails over the government, and

WHEREAS, the Congressional intent of EAJA

and other fee-shifting statutes was to overcome the

inability of many Americans to combat the vast

resources of the federal government in administrative

and federal court adjudications and to redress the

imbalance between the government acting in its

discretionary capacity and the individual, and

WHEREAS, non-profit environmental groups

continue to file lawsuits and in turn the federal

government has paid out billions in taxpayer dollars in

settlements and legal fees under EAJA and other fee-

shifting statutes in cases against the U.S. government,

and

WHEREAS, there is no significant

accounting or oversight as to how the money is being

allocated,

THEREFORE BE IT RESOLVED, NCBA

shall support more stringent oversight as to how

awards made available through EAJA and other fee-

shifting statutes are accounted.

BE IT FURTHER RESOLVED, NCBA shall

support specific Congressional initiatives to reform

EAJA and other fee shifting statutes.

BE IT FURTHER RESOLVED, NCBA shall

urge Congress to conduct hearings to ascertain the

extent of the misuse of these fees and expense awards.

BE IT FURTHER RESOLVED, NCBA shall

urge Congress to require an annual report of EAJA

awards to the relevant committees in the House and

Senate.

BE IT FURTHER RESOLVED, NCBA shall

urge the federal government to limit the abuse of

EAJA and other fee-shifting statutes by groups who

seek only to profit from its purpose.

PR/EM 1.15

2020/Renewed

Public Access to Obtain Public Funding

WHEREAS, the public has the sentiment that

public dollars used for conservation easements

requires tangible public benefits, such as access,

THEREFORE BE IT RESOLVED, NCBA

opposes any requirement for public access to obtain

public funding or qualification for conservation

benefit.

BE IT FURTHER RESOLVED, the

definition of a tangible benefit should only include

preservation of agricultural activities and preservation

of open space.

PR/EM 1.16

2021/Renewed

Permit Coordination

BE IT RESOLVED, NCBA shall continue to

work on legislation and regulations to provide permit

and regulation coordination and streamlining.

111

PR/EM 1.17

2020/Amended

Beef Sustainability

WHEREAS, NCBA has adopted a

Sustainability Statement of Principles to protect and

improve our industry for future generations, inclusive of

the following:

Statement of Belief: The U.S. beef supply

chain is united in an effort to improve our industry for

future generations. To accomplish that goal, we are

committed to a path of continuous improvement over

time, which protects our natural resources; promotes

economic well-being for the beef community; and

provides social value for our supply chain, our

communities, and our stakeholders.

Definition: A sustainable U.S. beef industry is

one in which the full value chain is able to balance

economic viability, environmental stewardship, and

social responsibility while meeting the growing global

demand for beef.

Guiding Principles: In order to ensure the beef

industry’s leadership role in the growing global

conversation about the topic of sustainably-produced

beef, we will:

• Defend individual operators’ right to make

decisions regarding responsible production

practices.

• Establish common ground where

sustainability benefits producers and

stakeholders.

• Work to promote the positive aspects of

sustainably produced beef and recognize

possible limiters of beef demand.

• Support science-based outcomes and full

beef supply chain efforts that are

demonstrated through continuous

improvement over time.

• Support sustainability programs that are

voluntary, market driven and science-

based.

• Support actions that deliver value and a

return on investment.

• Align with organizations that

fundamentally support beef production,

and

WHEREAS, NCBA engages in collaborative

efforts based on this Statement of Principles that include

non-governmental organizations to broaden stakeholder

support for the positive attributes that beef production

provides in the U.S., and expects those same

organizations to accurately communicate facts about

U.S. beef production and correct misinformation being

touted by detractors to improve acceptance of beef by

end users, and

WHEREAS, major food service and retail

customers have committed to sourcing beef that is

sustainably produced, and

WHEREAS, there are several entities and

organizations attempting to define beef sustainability

and evaluate beef suppliers using metrics that were

developed with limited input from the beef supply

chain, and

WHEREAS, the U.S. beef industry has

completed a U.S. Beef Industry Life Cycle Analysis to

benchmark the beef supply chain, and provide a means

to periodically assess progress in the beef value chain

over time, and

WHEREAS, NCBA successfully leads the

U.S. Roundtable for Sustainable Beef (USRSB),

inclusive of the beef value chain and stakeholders, that

addresses continued advancement in areas such as

economic viability, production efficiencies, animal

care and handling, environmental conservation,

human resources, and community support, and

WHEREAS, NCBA recognizes value in

elevating the profile of beef’s role in a sustainable food

system and supports science-based, industry-level

goals that utilize sustainability criteria inclusive of the

diverse production methods and practices in the U.S.,

and

WHEREAS, it is critical for NCBA to

represent the interests of NCBA members at the

USRSB and other sustainability initiatives that meet

the Sustainability Statement of Principles,

THEREFORE BE IT RESOLVED, NCBA

continues to lead and expand sustainability research,

education, and policy initiatives to protect the interests

of NCBA members, including accurately

communicating the facts about U.S. beef production,

advocating the credibility and validity of the U.S. Beef

Industry Life Cycle Analysis, and collaborating with

beef sustainability scientific experts and the USRSB to

evaluate trends and set targets, where feasible, for

continued advancement in sustainability.

112

PR/EM 1.18

2020/New

PFAS Risk Mitigation

WHEREAS, Per- and Polyfluoroalkyl

Substances (PFAS) are a class of over 5,000 chemicals

with long half-lives, leading to bioaccumulation in the

environment, in addition to animals and humans, and

WHEREAS, due to prior industrial use, PFAS

chemicals are widespread in the environment, and

WHEREAS, PFAS chemicals may be located

on farms and have the potential to bioaccumulate in

cattle,

THEREFORE BE IT RESOLVED, NCBA

advocates that PFAS chemicals not be treated as

identical, either by designating them as hazardous

substances under Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA)

or listing them as Clean Water Act National Pollutant

Discharge Elimination System (NPDES) pollutants en

bloc.

BE IT FURTHER RESOLVED, NCBA works

to prevent the listing of PFAS chemicals as hazardous

substances under CERCLA.

BE IT FURTHER RESOLVED, any effort to

regulate PFAS should exempt the regulation of

agricultural operations.

BE IT FURTHER RESOLVED, NCBA works

to ensure that cattle producers do not incur economic or

other damages due to PFAS contamination.

BE IT FURTHER RESOLVED, NCBA

supports additional research to determine the risk that all

PFAS chemicals pose to the environment, human health,

and animal health.

BE IT FURTHER RESOLVED, NCBA

supports voluntary conservation programs to limit PFAS

contamination.

PR/EM 1.19

2020/New

Federal Agency Investigation Authority

WHEREAS, cattle producers have a long-

standing history of voluntarily cooperating with federal

agencies to ensure protection of public health and food

safety, and

WHEREAS, special interest groups have

advocated for an expansion of FDA’s investigation

authority at livestock operations,

THEREFORE BE IT RESOLVED, NCBA

supports maintaining the current statutory authorities

granted to these federal agencies for the protection of

public health and food safety, while protecting the

private property rights of farmers and ranchers.

PR/EM 1.20

2021/New

Feral Swine Eradication

WHEREAS, feral swine are not native to the

North American continent and are an invasive species,

and

WHEREAS, feral swine have been reported

in at least 35 states, and with an expanding range, and

WHEREAS, the feral swine population is

estimated at over six million head and rapidly

expanding due to a lack of natural predators and their

adaptability to a variety of climates and conditions,

and

WHEREAS, feral swine cause over $1 billion

dollars in damage to agriculture annually, and

WHEREAS, feral swine can transmit

pathogens to livestock, which may result in financial

losses to livestock producers due to lower

productivity, veterinary costs, or even mortality, and

WHEREAS, feral swine damage pasture

grasses, killing desired plant species, deteriorating

source water, and often encouraging the growth of

undesired weed species,

THEREFORE BE IT RESOLVED, NCBA

shall work with Congress, USDA-APHIS, and all

interested partners towards the eradication and

prevention of further introduction of the feral swine

population.

113

2. NATURAL RESOURCES

PR/EM 2.1

2019/Renewed

Wild and Scenic Rivers and Scenic Highways and

Byways Bills

WHEREAS, National Wild and Scenic Rivers,

and scenic highways and byways, bills, or state water

designations, are being proposed in several states that

will include private as well as federal lands within their

areas, and

WHEREAS, livestock producers rely in some

degree on federal, as well as private, lands for grazing

and water for livestock, and

WHEREAS, the bills will contain

condemnation provisions for the private lands as well as

condemnation of scenic, access’ and other easements

which provisions may be used to jeopardize previously

vested water rights and require management of adjacent

lands, and

WHEREAS, the bills have the potential to

require new water pollution controls throughout the

watershed including prohibition of the use of pesticides

within the national Wild and Scenic River System and

scenic highways and byways, and

WHEREAS, the bills historically contain no

specific language to ensure that grazing and agricultural

practices may continue unregulated under these types of

bills,

THEREFORE BE IT RESOLVED, because

such bills carry with them the potential of fatal disruption

of ranching units, NCBA shall strongly oppose them.

PR/EM 2.2

2020/Amended

Wetlands: No Net Loss

WHEREAS, the federal government’s current

policy of “no net loss” of wetlands affects the use, value,

and private property rights of millions of acres of

privately owned agricultural land, and

WHEREAS, the cattle industry is directly

affected when pasture land, rangeland, and cropland are

designated wetlands, and

WHEREAS, the “Federal Manual on

Identifying and Delineating Jurisdictional Wetlands” as

the federal government’s official method of delineating

wetlands is gravely flawed and leads to wetlands

delineation of millions of acres of ranch and farm land

which should not realistically be considered wetlands,

and

WHEREAS, the major instruments of this

federal policy are not authorized by federal law and

have not been subject to public review through the

formal rulemaking process required by the

Administrative Procedure Act (APA), and

WHEREAS, the USFWS seeks to acquire

thousands of acres of wetlands, many of which are on

ranch and farm land, and

WHEREAS, cattle grazing is a beneficial,

maintenance use of wet areas and thereby protects

natural wetland values,

THEREFORE BE IT RESOLVED, NCBA

works to accomplish a change in the current federal

wetlands policy by a statutorily codified definition of

wetlands that stipulates the simultaneous actual

presence of three criteria: hydric soils, hydrophytic

vegetation, and surface inundation for a significant

portion of the growing season of every year under

normal precipitation and that excludes all man-made

wet areas from any governmental authority.

BE IT FURTHER RESOLVED, revisions in

the Federal Manual that reflect this definition shall be

subject to the full rulemaking procedures of the

Administrative Procedure Act with hearings and a

public comment period.

BE IT FURTHER RESOLVED, NCBA

urges the EPA and the Army Corps of Engineers to

issue in writing a formal specification of the “normal

agricultural activity exemption” from Section 404 of

the Clean Water Act as it pertains to pasture, range,

and improved and native hay lands so that it clearly

exempts all normal, usual, and established

maintenance practices.

BE IT FURTHER RESOLVED, NCBA

urges that all jurisdictional wetlands delineated

include scientific documentation of the exact

environmental function and value of each wetland

with a ranking of the relative importance, to include a

minimal value category which is fully exempt from all

governmental jurisdiction.

BE IT FURTHER RESOLVED, legislation

or regulations that ensure approval from one federal

agency regarding wetlands should not be overruled or

changed by other federal agencies.

114

BE IT FURTHER RESOLVED, federal

agencies should fully comply with Executive Order

12630 on Takings in all wetland policy, programs, and

action by government.

BE IT FURTHER RESOLVED, NCBA

supports the recognition in the permitting process of

benefits created by agricultural and recreational

activities which impact wetlands.

BE IT FURTHER RESOLVED, NCBA

supports the consolidation of local, state, and federal

permitting processes into one comprehensive and

affordable permit issued in a prompt manner.

PR/EM 2.3

2019/Renewed

Bureau of Reclamation

WHEREAS, the Bureau of Reclamation has

built and continues to operate many water resource

projects, and

WHEREAS, many communities rely on tax

bases, custom, and culture, developed as a result of the

government’s building these projects, and

WHEREAS, the Bureau continues to change its

mission and responsibility, and

WHEREAS, Bureau water rights are held in

private ownership and subject to state law,

THEREFORE BE IT RESOLVED, Congress

shall be asked to require that these waters be

administered according to the various state water laws

and/or court decrees, before the sale, transfer, or new

uses of any bureau projects or water stored within, are

considered.

BE IT FURTHER RESOLVED, NCBA shall

support the elimination of all provisions of the

reclamation act which unilaterally change provisions of

existing federal contracts.

PR/EM 2.4

2020/Amended

Role of NRCS Privately Owned Lands

WHEREAS, multiple agencies within USDA

manage farm bill conservation programs on privately

owned land,

THEREFORE BE IT RESOLVED, NCBA

seeks assurance from Congress that the NRCS,

working through local conservation districts, has sole

responsibility for all natural resource conservation

programs within USDA and activities on privately

owned lands.

PR/EM 2.5

2020Amended

Liability for Government Mandated Programs

WHEREAS, many federal- or state-

mandated programs provide no assurance to

landowners regarding cleanup liability,

THEREFORE BE IT RESOLVED, NCBA

works to require that the federal government release

present and past landowners and operators from

liability and cost of cleanup or damages resulting

from, and in compliance with, federal- or state-

mandated programs, such as the dipping vat program.

PR/EM 2.6

2021/Renewed

Superfund and Resource Conservation &

Recovery Act Exemption for Livestock Manure

WHEREAS, livestock manure is a naturally

occurring substance that is used very effectively as a

fertilizer for pasture and cropland, and

WHEREAS, classification of livestock

manure as a hazardous substance or pollutant under

the Superfund law would cause significant harm to all

segments of the beef industry,

THEREFORE BE IT RESOLVED, NCBA

shall work diligently to clarify that Congress never

intended to regulate livestock manure under the

Superfund and the Resource Conservation and

Recovery Act (RCRA) laws.

PR/EM 2.7

2018/Amended

Groundwater Pollution

WHEREAS, there is much public concern

about groundwater pollution, but little scientific

information as to groundwater pollution sources or

effects on livestock or human health,

THEREFORE BE IT RESOLVED, NCBA

shall support scientific research efforts to ascertain the

effect of surface activities on groundwater pollution.

115

BE IT FURTHER RESOLVED, NCBA shall

support accurate scientific assessments of ground water

pollution prior to development of any new restrictions or

regulations.

PR/EM 2.8

2019/Amended

National Grazing Lands Coalition

WHEREAS, the Agricultural Act of 2014 was

signed into law in 2014, and

WHEREAS, Title II, Section 2501 of that law

contains The Conservation of Private Grazing Land

program, which is designed to provide a voluntary

technical assistance program through the Natural

Resources Conservation Service (NRCS), and

WHEREAS, this assistance is used by livestock

producers to enhance their conservation efforts, promote

environmental stewardship on private property, and

support the individual’s right of self-determination on

his or her own property,

THEREFORE BE IT RESOLVED, NCBA

shall encourage every state beef cattle association to

maintain an active position on their state’s National

Grazing Lands Coalition (NatGLC), formerly the

Grazing Lands Conservation Initiative (GLCI), steering

committee.

BE IT FURTHER RESOLVED, NCBA shall

endeavor to provide direction to the conservation

partners involved in the formulation and implementation

of environmental conservation policies that will affect

the ranching and livestock industry in the United States

to ensure that private property rights and the individual’s

right of self-determination on his or her own property be

preserved.

BE IT FURTHER RESOLVED, NCBA shall

work to ensure that the primary focus of NatGLC is

providing high quality technical assistance to private

landowners.

PR/EM 2.9

2017/Renewed

Prescribed Burning

WHEREAS, members of NCBA use prescribed

burning as a tool to manage their resources,

THEREFORE BE IT RESOLVED, NCBA

shall adopt the following position statement on

prescribed burning:

Fire is an integral part of many natural

ecosystems and other forage management

programs. Prescribed/controlled burning is

an economically and environmentally sound

tool for the management of many forage

resources. Prescribed/controlled burning may

be used to reduce wildfire fuel load, aid in

wildfire management, control noxious

vegetation, release minerals, stimulate

desirable foliar growth, improve forage

quality and livestock distribution, enhance

secondary plant succession, and improve

wildlife habitat. Benefits of

prescribed/controlled burning may also

include enhanced watershed function,

aesthetic values, and carbon sequestration.

The prescribed use of fire entails developing

management strategies and objectives for

burning. NCBA endorses prescribed burning

as a management tool.

PR/EM 2.10

2019/Renewed

Environmental Quality Incentives Program and

Other Programs

WHEREAS, the Environmental Quality

Incentives Program (EQIP) within the Farm Bill is

designed to offer federal support for technical and

financial assistance to the agricultural community for

environmental conservation, and

WHEREAS, EQIP was designed to

incorporate local control and stakeholder

participation, and

WHEREAS, the Federal Office of

Management and Budget maintains the ability to

restrict the amount of Commodity Credit Funds that

can be used by the Natural Resources Conservation

Service (NRCS) for technical assistance for EQIP

which will limit producers’ access to NRCS technical

field representatives, and

WHEREAS, the NRCS has the duty of

assisting livestock operations when applying for EQIP

funding for upgrading of livestock facilities to comply

with the Environmental Protection Agency (EPA)

feedlot rules, and

WHEREAS, some NRCS offices, the EPA,

and its affiliates are not consistent or in agreement on

rulings,

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THEREFORE BE IT RESOLVED, NCBA

shall work with Congress and agencies to prevent

erosion of federal financial support for locally driven

conservation efforts on private lands.

BE IT FURTHER RESOLVED, NCBA shall

encourage every state beef cattle association to maintain

a position on their State Technical Committee.

BE IT FURTHER RESOLVED, NCBA and

every state beef cattle association shall endeavor to

provide direction to these committees in the formulation

and implementation of environmental conservation

policies that will affect the livestock industry in the

United States to ensure that private property rights and

the individual’s right of self-determination on his or her

own property is preserved.

BE IT FURTHER RESOLVED, NCBA shall

work toward the use of EQIP money for all sizes of

operations for the best use of the funds available and/or

the development of new cost sharing and technical

assistance programs that would allow for the

participation of all sizes of livestock operations.

PR/EM 2.11

2018/Amended

Latent Liability Protection

WHEREAS, even though the Environmental

Protection Agency has canceled and/or suspended use or

uses of specific agri-chemicals pursuant to the Federal

Insecticide, Fungicide, and Rodenticide Act as amended,

and

WHEREAS, the residues of such canceled

and/or suspended agri-chemical used prior to suspension

and/or cancellation may be detected sometime after

official State or Federal cancellation and/or suspension

in agricultural products,

THEREFORE BE IT RESOLVED, NCBA

shall support that when such chemicals are/were applied

or disposed of in accordance with label instructions in

effect at the time of their use, the Federal Government be

encouraged to take action to exempt from legal action

private citizens who properly followed the label for use

and/or disposal.

PR/EM 2.12

2019/Amended

Livestock Manure

WHEREAS, livestock manure has many

beneficial uses, such as being a natural, organic

nutrient which improves soil fertility and condition,

and as an alternative energy source, and, when applied

to lands at accurate agronomic rates, will not degrade

surface or ground water supplies, and

WHEREAS, the U.S. Court of Appeals for

the Second Circuit (New York) ruled in Concerned

Area Residents for the Environment (CARE) v.

Southview Farm that runoff from animal waste applied

through a center-pivot irrigation system, manure-

spreader truck, or front-end loader is a point source of

pollution, and

WHEREAS, federal and state regulatory

agencies have proposed that individuals applying

organic nutrients to land not owned or controlled by a

livestock production facility must obtain permits and

keep extensive records, and that such regulations will

put manure at a competitive disadvantage to

commercial fertilizer, reduce demand, and increase

liability for livestock production facilities,

THEREFORE BE IT RESOLVED, NCBA

shall seek to remove any disincentives and create new

incentives in federal programs to increase the

utilization of manure for soil fertilization,

conservation, and greenhouse gas reduction.

BE IT FURTHER RESOLVED, NCBA shall

support actions to continue the definition of animal

manure applied to the land through accepted

agricultural practices as a nonpoint source.

BE IT FURTHER RESOLVED, NCBA shall

oppose any and all efforts to regulate natural, organic

nutrients as a toxic or hazardous waste.

PR/EM 2.13

2018/Amended

Air Quality Standards

WHEREAS, emissions from feedlot pens and

retention ponds are not regulated under Title V of the

Clean Air Act (CAA), Comprehensive Environmental

Response, Compensation, and Liability Act

(CERCLA), or the Emergency Planning and

Community Right to Know Act (EPCRA),

WHEREAS, continued attempts to regulate

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animal agriculture under the CAA, EPCRA, and

CERCLA have the potential to negatively impact farms

and ranches across the country and expose them to

possible liability,

THEREFORE BE IT RESOLVED, NCBA

shall recognize the potential significant impacts National

Ambient Air Quality Standards (NAAQS) have on

livestock operations and that additional legislative, legal,

regulatory, and research resources may need to be

expended to protect the interests of NCBA members,

BE IT FURTHER RESOLVED, NCBA shall

oppose federal reporting requirements and further

regulation under the CAA, CERCLA, and EPCRA for

livestock operations, support legislation to clarify that

the CAA, CERCLA, and EPCRA do not require such

reporting, and encourage the Environmental Protection

Agency to oppose or minimize the imposition of any

such federal reporting requirements.

PR/EM 2.14

2020/Amended

Brush and Noxious Plant Management

WHEREAS, the management of brush and

noxious weeds is essential to food and fiber and wildlife

production,

THEREFORE BE IT RESOLVED, NCBA

opposes unreasonable restrictions upon herbicide use

and prescribed burning by federal government which

prohibit the use of brush and noxious plant control and

management as viable production tools for animal

agriculture.

BE IT FURTHER RESOLVED, NCBA

supports and recommends funding for research of

integrated methods of brush and noxious plant

management and the use of prescribed burning of brush

and noxious plants and that funding be secured from

multiple sources, including state and federal sources.

BE IT FURTHER RESOLVED, NCBA, for

public benefit, requests that local, state, and federal

governments control noxious weeds on federal lands,

highways, and public rights-of-way as mandated by

public law(s) and that all government agencies use only

seed that has been certified as noxious weed free.

BE IT FURTHER RESOLVED, NCBA

encourages and assists all levels of government to

develop programs for control procedures of noxious

plants through research, education, and eradication,

where necessary.

PR/EM 2.15

2018/Amended

Noise and Air Quality

WHEREAS, air quality, noise, dust, and odor

are issues of concern to the public,

THEREFORE BE IT RESOLVED, any

move on the part of state or federal government to

regulate odors, noise, gaseous emissions, and/or dust

from livestock facilities must be based on sound

science and the best available technology.

BE IT FURTHER RESOLVED, owners’

rights of pre-existing facilities should be given due and

fair consideration when surrounding land is developed

for use other than agricultural production.

BE IT FURTHER RESOLVED, NCBA shall

oppose any new regulations that pertain to agricultural

odors, noise, or air that will unreasonably hinder the

production, preparation, and harvesting of crops and

the production of livestock.

BE IT FURTHER RESOLVED, NCBA shall

oppose any new regulations that pertain to changing

the class and quality of air on pastures, grasslands, and

desert ranges that inhibit current practices of beef

production on these lands.

PR/EM 2.16

2020/Amended

Animal Feeding Operation

WHEREAS, NCBA should be proactive in

addressing animal feeding operation issues,

THEREFORE BE IT RESOLVED, NCBA

supports state administration of rules, regulations,

research, and the development of state standards and

that NCBA encourages producers to be active in the

development of state and national rules and strategies

pertaining to animal feeding operations.

PR/EM 2.17

2019/Renewed

Universal Soil Loss Equation (USLE)

WHEREAS, the Universal Soil Loss

Equation (USLE) is a model developed for USDA in

1954 by Purdue University to measure sheet and rill

erosion from cultivated fields in the United States east

of the Rocky Mountains based upon reference

comparisons to a plot 72.6 feet long with a 9% slope,

and

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WHEREAS, the Society of Range Management

(SRM) and Natural Resource Conservation Service

(NRCS) oppose use of the USLE models as a

determinant of rangeland resource condition, treatment

needs, treatment effectiveness, program funding,

stocking rates, or any other management or regulatory

decisions, and

WHEREAS, SRM and NRCS find the

refinement of data inadequate, thus use of the model is

inappropriate to detect the subtle changes in the resource

that indicate a need for management changes, and

operations and concentrated animal feeding operations

to comply with state and federal regulations.

THEREFORE BE IT RESOLVED, NCBA

opposes the application of USLE and Revised Universal

Soil Loss Equation (RUSLE, RUSLE 2) when

considering rangeland conditions.

PR/EM 2.18

2021/Renewed

Funding for Technical Assistance

WHEREAS, funding and technical services to

bring animal feeding operations and concentrated animal

feeding operations into compliance with state

departments of environment and natural resources and

EPA regulations are limited for operations smaller than

1,000 animal units and non-existent for operations over

1,000 animal units.

THEREFORE BE IT RESOLVED, NCBA

shall work to establish federal funding sources and

technical services to assist all animal feeding operations

and concentrated animal feeding operations to comply

with state and federal regulations.

PR/EM 2.19

2017/Amended

Alternative Technologies for Feedlots

WHEREAS, climate and feedlot size

differences across the country make “a one size fits all”

approach in the Environmental Protection Agency’s

prescribed technology economically unachievable for

many feedlots,

THEREFORE BE IT RESOLVED, NCBA

shall encourage federal officials to allow producers to

employ the best practicable control technologies

currently available and that enforcement action not be

taken during the implementation and testing period for

those technologies.

PR/EM 2.20

2018/Amended

NRCS Conservation Issues

WHEREAS, NCBA members depend on

technical help with conservation issues from the

NRCS,

WHEREAS, SRM and NRCS determine that

plant composition should be used to indicate early

changes in resource condition in these rangeland

ecosystems,

THEREFORE BE IT RESOLVED, NCBA

shall oppose the application of USLE and Revised

Universal Soil Loss Equation (RUSLE, RUSLE 2)

when considering rangeland conditions.

THEREFORE BE IT RESOLVED, NCBA

shall strongly request that the U.S. Congress use all

available means, including appropriations and

appropriations language, to maintain conservation

assistance at the local “grassroots” level.

PR/EM 2.21

2018/Amended

Ecological Site Descriptions

WHEREAS, an ecological site is a distinctive

type of land with specific physical characteristics that

differ from other types of land in its ability to produce

a distinctive kind and amount of vegetation, and

WHEREAS, it is the product of all the

environmental factors responsible for its development,

and has a set of key characteristics that are included in

the ecological site description, and

WHEREAS, soils with like properties that

produce and support a characteristic plant community

are grouped in the same ecological site, and

WHEREAS, the ecological site concept

developed by the Natural Resources Conservation

Service has not replaced, but has built upon, the former

Soil Conservation Service’s existing range site

concept for rangelands and woodland suitability for

forestland, and

WHEREAS, the existing range site

descriptions and woodland suitability y group

descriptions may be utilized as a base to develop

ecological site descriptions that will be located in the

local field office technical guides to assist ranchers in

the development of ranch management plans, and

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WHEREAS, the ecological site descriptions

will contain information critical to the development of

management alternatives to achieve the land manager’s

desired objectives in an ecologically and economically

sound manner,

THEREFORE BE IT RESOLVED, NCBA

shall support the development and uniform use of

ecological site descriptions for inventory, evaluation and

management of all public and private rangelands and

forests.

PR/EM 2.22

2019/Amended

USDA Reorganization

WHEREAS, the U.S. Government often

attempts to reorganize important agencies within the

USDA such as the Farm Service Agency, the Natural

Resources Conservation Service, and the Risk

Management Agency, and

WHEREAS, reorganizations often lead to the

consolidation of local USDA offices, reducing producer

access to local staff, and

WHEREAS, such reorganizations are often

detrimental to cattle producers,

THEREFORE BE IT RESOLVED, NCBA

shall strongly oppose closing USDA field offices, which

would adversely impact the ability of our members to

have access to USDA programs.

BE IT FURTHER RESOLVED, NCBA shall

very strongly oppose actions by the agency which could

compromise the confidentiality of private information.

PR/EM 2.23

2020/Amended

NRCS Conservations Program Simplification

WHEREAS, access to voluntary conservation

programs is limited by burdensome paperwork

requirements and the Conservation Practice Standards’

lack of flexibility,

THEREFORE BE IT RESOLVED, NCBA

works to eliminate as many requirements for

participation in all NRCS conservation programs as

possible and ensure the programs remain consistent with

the goal of achieving their statutory purposes.

PR/EM 2.24

2020/Amended

Support for Funding of Voluntary, Locally Led

Conservation Efforts through Resource

Conservation Districts and the NRCS

WHEREAS, demands on cattle producers to

meet stringent water quality and environmental quality

regulations on rangelands have increased, and

WHEREAS, funding for, and availability of,

technical assistance to support voluntary, locally led

conservation efforts has seriously declined,

THEREFORE BE IT RESOLVED, NCBA

supports the National Association of Conservation

Districts initiative to increase the annual national

technical assistance funding to the NRCS.

PR/EM 2.25

2017/Amended

Waiver of Fees for Projects

WHEREAS, NCBA supports landowners’

efforts in restoration projects on private property, and

WHEREAS, a completed restoration project

adds to the value of the property and promotes a

healthy environment,

THEREFORE BE IT RESOLVED, NCBA

shall support landowners who engage in restoration

projects that benefit water quality, wildlife, or the

public,

BE IT FURTHER RESOLVED, NCBA shall

encourage all federal, state, and local government

agencies that have oversight over a voluntary

restoration project on private land to waive any and all

administrative fees associated with obtaining and

implementing the requisite permits associated with

such restoration projects.

PR/EM 2.26

2018/New

Groundwater Regulation Under the Clean Water

Act

WHEREAS, Environmental Protection

Agency (EPA) regulation of discharges to surface

water via groundwater and other naturally flowing

subsurface waterbodies has the potential to negatively

affect numerous cattle operations, and

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WHEREAS, the EPA’s direct hydrologic

connection theory directly conflicts with Congress’ clear

intent that the Clean Water Act regulate only surface

water discharges, and

WHEREAS, such discharges are effectively

managed through existing state and federal regulatory

programs,

THEREFORE BE IT RESOLVED, NCBA

shall oppose any regulation of surface water discharges

via groundwater under the Clean Water Act.

PR/EM 2.27

2021/New

Climate Change, Ecosystem Services, Carbon

Sequestration, and Greenhouse Gases

WHEREAS, there is significant interest in

climate change and the role of cattle and beef production

both nationally and internationally, and

WHEREAS, the U.S. cattle and beef production

system is the most efficient and productive system in the

world that contributes positively to the ecosystem and

biodiversity, and

WHEREAS, EPA greenhouse gas emissions

inventories have shown that agriculture is a minor source

of greenhouse gases emissions, and

WHEREAS, rangeland, pasture, grasslands,

management practices, and technologies play a pivotal

role in carbon sequestration and improving carbon use

efficiency, which continues to reduce the cattle

industry’s carbon footprint,

THEREFORE BE IT RESOLVED, NCBA

opposes any legislation, regulation, trade agreement or

international treaty that would regulate carbon or

greenhouse gases in the cattle industry, including but not

limited to the reporting of agricultural greenhouse gas

emissions.

BE IT FURTHER RESOLVED, NCBA

opposes the creation or management of a government-

based carbon trading platform and opposes the creation

of a USDA carbon bank using Commodity Credit

Corporation funding.

BE IT FURTHER RESOLVED, NCBA

supports the government’s role in carbon trading be

limited to USDA providing any applicable regulatory

oversight of private markets to ensure programmatic

authenticity for the protection of agriculture producers

and credit purchasers.

BE IT FURTHER RESOLVED, NCBA

supports voluntary markets (i.e., carbon, water quality,

nutrients, or other credits) to recognize and

incorporate the ability of rangeland, pasture,

grasslands, management practices, technologies, and

exports to generate credits that are durable, verifiable,

stackable, and advocates for recognition and

compensation for practices implemented by early

adopters.

BE IT FURTHER RESOLVED, NCBA

supports the landowner’s or lessee’s ability to generate

ecosystem credits and be eligible for payments in

accordance with any agreement negotiated privately

between a landowner and lessee.

BE IT FURTHER RESOLVED, NCBA

supports privacy of any data collected by an ecosystem

services market, or the government, and should never

be released without the express written consent of the

landowner and/or lessee.

BE IT FURTHER RESOLVED, NCBA

encourages land grant universities, research institutes,

private individuals or foundations, cooperative

extension, and USDA to continue investigating current

research, tools, and models used to calculate carbon

sequestration and reduction techniques to provide a

factual and reliable estimation of carbon sequestration

and carbon reduction at various management levels

and rangeland conditions, and differentiates the

relative impact of methane versus carbon dioxide

production.

BE IT FURTHER RESOLVED, NCBA

supports the adoption of this research in the

determination of which processes qualify for carbon

credit markets.

BE IT FURTHER RESOLVED, NCBA

supports the inclusion and application of sound

science in any evaluations, assessments, models,

sequestration protocols, emissions inventories,

management practices, or technologies.

BE IT FURTHER RESOLVED, NCBA

encourages the scientific community and governments

to recognize the evolving science that demonstrates

methane emissions from cattle are short-lived, flow

emissions that are cyclical in the atmosphere, soil,

plants, and animals (i.e., Global Warming Potential

Star (GWP*)).

BE IT FURTHER RESOLVED, NCBA

opposes the listing of species or habitat under the

Endangered Species Act based on climate change.

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BE IT FURTHER RESOLVED, NCBA

opposes the government limiting access to programs,

such as NRCS programs, due to the carbon footprint of

cattle industry but supports recognition of the positive

benefits cattle production has on maintaining and

increasing soil carbon and other ecosystem services.

BE IT FURTHER RESOLVED, NCBA

opposes efforts by environmental and animal rights

activists or other entities to decrease consumer demand

for animal protein and agricultural products based on an

alleged and unsubstantiated claim about cattle and

climate change.

BE IT FURTHER RESOLVED, NCBA shall

develop a communication strategy that addresses

inaccuracies regarding greenhouse gas emissions from

cattle and accurately states the greenhouse gas emissions

of domestic cattle production systems, as well as the

other ecosystems services cattle production provides to

society.

3. PROPERTY RIGHTS

PR/EM 3.1

2019/Amended

Emergency Replacement and Repair of Private

Property

WHEREAS, current state and federal

permitting processes do not allow for timely reaction to

resource management in emergency situations, and

WHEREAS, resources and private property

rights are being destroyed because of this elongated

permitting process, and

WHEREAS, permit streamlining and

protection of private property rights are recognized as

being important for economic recovery in all states of the

United States of America,

THEREFORE BE IT RESOLVED, NCBA

shall work to pass legislation at the state and federal

levels that will:

• Allow landowners to take immediate

action to replace and repair any land lost by

catastrophic events such as floods,

hurricanes, fires, earthquakes, or other

natural disasters.

• Allow private property owners the

authority in each case to return the lands

lost to the pre-event topography within

nine months of the event, or as soon as

natural conditions allow.

• Allow private property owners to use

and/or move materials within the area or

import clean upland materials to replace

the land lost during the event.

• Require that all permitting requirements

will be waived with regards to replacing

property lost and that notification to one

lead agency will serve as proper

notification to allow landowners to

proceed with the project.

• Require the lead agency to respond

within ten calendar days upon

notification from landowners regarding

guidelines, if any, for the protection of

endangered species, as long as those

guidelines place no additional

encumbrance or duty of care on

landowners.

• Eliminate mitigation for action

necessary to replace land lost during

such catastrophic events.

• Exempt temporary access roads,

culverted crossings, diversion of flows,

or other activity to facilitate

reconstruction as needed.

• Determine the pre-event topography

through use of field acreage maps, prior

surveys, photos, aerial photos, and/or

existing topography.

• Eliminate any delays in the emergency

replacement and repair of private

property created by federal agency

permitting requirements

PR/EM 3.2

2018/Amended

Venue Legislation

WHEREAS, many federal court actions

involving environmental issues and natural resource

matters have been tried in judicial districts removed

from the location of the actual conflict,

BE IT RESOLVED, NCBA shall support

legislation which requires legal cases be tried in the

federal judicial district geographically tied to the

underlying issue.

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PR/EM 3.3

2020/Renewed

Indirect Acquisition

WHEREAS, governmental interference with

the right and ability of private landowners to manage,

preserve, conserve, and enjoy their land has long been

opposed by NCBA, which believes that the best steward

of our nation’s most basic productive resources is the

person with a vested interest in its future, and

WHEREAS, governmental intervention in the

natural functioning of rural America continues to take

new forms, all of which distort the values of the land and

its economic productivity, and

WHEREAS, federal and state governmental

entities have increasingly resorted to indirect means of

acquisition, interference, and intervention,

THEREFORE BE IT RESOLVED, NCBA

shall vigorously oppose the use of government agencies

or private organizations as conduits for increased

acquisition of land and private property rights by federal

and state governments.

PR/EM 3.4

2021/Renewed

Beef Producer Representation on Environmental

Agency Commissions and Committees

WHEREAS, the federal government and many

states have organized or are re-organizing environmental

control agencies and/or commissions,

THEREFORE BE IT RESOLVED, NCBA

and its affiliated state organizations shall ensure that beef

producers are adequately represented on these agencies

and commissions.

PR/EM 3.5

2021/Renewed

Eminent Domain

WHEREAS, in recent years, municipalities

have used the “eminent domain” process to condemn and

seize private property for private economic development

and re-sale to the private sector, and

WHEREAS, a recent U.S. Supreme Court

ruling upheld the ability of government entities to

forcibly take private property from a citizen and then

convey that seized property to other citizens or private

corporations in the name of economic development,

THEREFORE BE IT RESOLVED, NCBA

shall support federal and state legislation that

prevents government entities from taking private

property through the eminent domain process for the

purpose of conveying that property to other private

individuals or entities.

BE IT FURTHER RESOLVED, NCBA

shall support legislation to change the appraisal

standards for federal and state appraisals to include

fair market value based on highest economic value for

the compensation for the taking of private property.

BE IT FURTHER RESOLVED, NCBA

shall vigorously oppose the use of eminent domain for

private use.

PR/EM 3.6

2021/Renewed

Public Access

WHEREAS, private land and water rights

should be defended by the federal government, and

WHEREAS, NCBA strongly supports

private land ownership and private property rights,

THEREFORE BE IT RESOLVED, NCBA

shall hold that:

1. Land patents issued by the federal

government and states shall be

recognized and defended.

2. Access to private lands including

streams and banks be by consent of the

landowner only.

3. The federal government shall not

interfere with administration or control

of private water rights, and/or

established water infrastructure across

federal lands.

PR/EM 3.7

2017/Renewed

Property-Abandoned

WHEREAS, trespass and environmental

problems are caused by public agencies using

abandoned utility rights-of-way, such as but not

limited to railroad easements, for public recreation

areas,

THEREFORE BE IT RESOLVED, NCBA

shall oppose such use and support the adjacent

landowner’s right of first refusal.

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PR/EM 3.8

2017/Renewed

Government Coercion

WHEREAS, government entities may attempt

to impose certain land use or management restrictions on

private property owners as a condition of the issuance of

any legitimate and appropriate permit, and

WHEREAS, such restrictions constitute an

effective “taking” of private property and result in a

decrease in property value,

THEREFORE BE IT RESOLVED, NCBA

shall oppose any attempts by government entities to

impose restrictions on private property or require

conveyance of property rights as a condition of the

issuance of a legitimate and appropriate permit.

PR/EM 3.9

2017/Renewed

No Net Loss of Private Property

WHEREAS, the membership of NCBA is

drawn from men and women dependent upon and

committed to the wise stewardship of natural resources,

and

WHEREAS, the economy and the way of life

of local communities, states, and the United States are

dependent upon private sector ownership and

management of these natural resources, and

WHEREAS, misguided environmental

activism continues to pressure government to purchase

lands and remove them from productive use, and

WHEREAS, policy for setting priorities is

critical to minimize fiscal pressures at all levels of

government created by these acquisitions,

THEREFORE BE IT RESOLVED, NCBA

shall support the concept of “no net loss of privately

owned lands” coupled with the concept that the

acquisition of any land by state or federal government

shall be offset by lands of equal dollar value sold back to

the private sector by the government with “no net loss of

revenue” to the local government affected by the

transactions,

BE IT FURTHER RESOLVED, members of

Congress shall be approached with the request that

legislation to this effect be introduced in Congress.

PR/EM 3.10

2018/Renewed

Government Agency Land Acquisitions and

Management Plans

WHEREAS, regulatory and resource

agencies of state and federal government continue to

acquire vast acreage of land for single purpose uses,

and

WHEREAS, these acquisitions are often

approved without regard to the economic and

environmental consequences for the affected

community and neighboring landowners, and

WHEREAS, the lack of a management plan

before acquisitions are approved has resulted in

serious problems for affected landowners including

predator damage, noxious weeds, trespass, excessive

fuel load, beneficial water use and attempts to

eliminate livestock grazing in the affected areas, and

WHEREAS, while NCBA recognizes the

right of a landowner to sell his or her property to the

highest bidder, we are concerned over the ability of

government agencies to manage any acquired

property, and

WHEREAS, acquisition of private lands or

impairment of property rights by local, state and

federal governmental agencies or entities is having

serious detrimental effects on local governments, local

economies, adjacent landowners and livestock

producers generally,

THEREFORE BE IT RESOLVED, NCBA

shall oppose any further acquisitions and/or

interagency transfers of property by government

agencies or other actions that may impair property

rights and any acquisition or transfer should be subject

to and not exempt from environmental review and

documentation under state and federal environmental

laws.

BE IT FURTHER RESOLVED, NCBA shall

pursue efforts which will require all land and other

resource management agencies of state and federal

government to provide for landowners and the affected

public to participate in the development of any studies

required to determine eligibility for legislated

acquisition or regulated restriction of private land.

BE IT FURTHER RESOLVED, NCBA shall

pursue efforts which will require all land and other

resource management agencies of state and federal

government to develop a management plan prior to

124

approval of any future land acquisitions.

BE IT FURTHER RESOLVED, development

of a management plan should include local public

hearings to allow affected landowners to comment and

that a plan for mitigation of any adverse economic, social

or environmental effects, whether upon an individual,

business or unit of government should be required prior

to any acquisitions of land.

BE IT FURTHER RESOLVED, NCBA shall

support legislation requiring government property, upon

being transferred to another government body, be

required to be put to public use, which may not be in

competition with private enterprise.

BE IT FURTHER RESOLVED, NCBA shall

oppose efforts of state and federal governments to

become further involved in the purchase and

management of agricultural lands, by unfriendly

condemnation (e.g. further establishment or extension of

the National Trails System and Prairie Parks) other than

in established parks, monuments or wilderness areas and

the expansion of military installations.

BE IT FURTHER RESOLVED, NCBA shall

oppose all private land acquisition by federal and state

governments unless land of equal value be transferred

into private ownership within the same taxable

jurisdiction.

PR/EM 3.11

2019/Renewed

Rails to Trails

WHEREAS, in 1922, Congress passed

legislation designating landowners adjacent to railroad

corridors hold reversion rights to railroad right-of-way

land, and

WHEREAS, in 1983 Congress amended the

National Trails System Act and established procedures

for state/local government and private groups to

intervene in a railroad abandonment and convert the

right-of-way to a recreational trail (railbanking) without

approval of adjacent landowners, and

WHEREAS, over 600 “rails to trails” have been

established in the United States and approximately 600

more proposals are pending.

THEREFORE BE IT RESOLVED, NCBA

shall hold that the federal railbanking laws constitute a

taking of private property without compensation.

BE IT FURTHER RESOLVED, NCBA shall

support federal legislation strengthening reversionary

property rights for landowners adjacent to abandoned

railroad corridors.

BE IT FURTHER RESOLVED, NCBA shall

vigorously oppose any legislation that would

circumvent current laws as such a change would result

in the diminution of the rights of property owners

along abandoned railroad easements and put them at

increased risk.

BE IT FURTHER RESOLVED, NCBA shall

support litigation on behalf of owners of land along

railroad rights-of-way that have been converted to

trails for public use.

PR/EM 3.12

2018/Renewed

Voluntary Conservation Easements

WHEREAS, our nation is losing productive

farm and ranch land to non-agricultural uses

(including residential development and government

acquisition), and

WHEREAS, the voluntary sale or donation of

conservation easements is consistent with private

property rights and can protect the availability of land

for agricultural uses for the production of food and

fiber, thereby supporting those landowners’ efforts to

preserve rural communities, and

WHEREAS, conservation easements can be

a valuable tool in many property owners’ financial

plans and can significantly affect income taxes,

property taxes, and income flow, thereby easing the

task of transferring land to younger generations,

THEREFORE BE IT RESOLVED, NCBA

shall support voluntary conservation easements

(permanent and term) that protect agricultural land.

BE IT FURTHER RESOLVED, NCBA shall

oppose federal laws and policies that stipulate

conservation easements as the only or preferred

method of protecting natural resources.

BE IT FURTHER RESOLVED, NCBA shall

oppose federal laws and policies that impose

conservation easements on land owners or utilize

conservation easements in a way that causes economic

harm to rural communities.

125

PR/EM 3.13

2019/Renewed

Federal Lands Acquisition

WHEREAS, the United States Constitution

(Article 1, Section 8, Clause 17) directs Congress to

require the agencies of the federal government to obtain

consent of the state legislature prior to purchasing

property within their respective state, if the federal

government wishes to have exclusive legislative

authority (which means they would not have to adhere to

state laws) over such property,

THEREFORE BE IT RESOLVED, NCBA

shall support and encourage state affiliates to require

enforcement of the aforementioned section of the U. S.

Constitution, which would allow cattle producers to

work with their state legislators to voice their concerns

about additional properties being purchased by the

federal government.

BE IT FURTHER RESOLVED, NCBA shall

make Congress aware that federal agencies must adhere

to the U.S. Constitution and the rights of the states prior

to purchase of property within any particular state.

PR/EM 3.14

2020/Amended

Disclosure of Information by Government Agencies

WHEREAS, the public may gain access to

personal information submitted to government agencies

through a Freedom of Information Act Request,

THEREFORE BE IT RESOLVED, NCBA

opposes the disclosure of personal, proprietary,

financial, and other information obtained by local, state,

or federal agencies.

PR/EM 3.15

2020/Renewed

Military Aviation Training Missions

WHEREAS, there need to be adequate

safeguards established to prevent the valid needs of

national defense from unnecessarily impacting the

safety, health, and environmental quality of private land,

its owners, their employees, their stock, and native

wildlife, and

WHEREAS, the military already controls

extensive air space,

THEREFORE BE IT RESOLVED, NCBA

shall ask that the following principles be observed in

planning and scheduling military aviation training

missions:

1. Low-level operations should be

scheduled over existing military training

areas rather than private property.

2. All military aircraft operating over

private lands should comply with

Federal Aviation Administration

regulations for commercial aircraft.

PR/EM 3.16

2018/Amended

Strengthening Conservation and Technical

Assistance

WHEREAS, conservation and environmental

issues have received favorable attention and major

funding from the United States Congress when

separated from other issues, and

WHEREAS, both political parties and all

agricultural organizations need a strong environmental

record in real action, and

WHEREAS, there is an ever-increasing need

for technical assistance for conservation planning,

program implementation, and regulatory compliance

while funds and personnel for conservation technical

assistance already are inadequate to meet present

needs, and the Farm Service Agency (FSA) does not

have adequate capability to implement conservation

programs,

THEREFORE BE IT RESOLVED, NCBA

shall work to encourage practices that strengthen

stewardship of private property. Provisions should:

1. Increase Natural Resources

Conservation Service (NRCS) staffing

for technical assistance on the ground.

2. Increase research in soil, water, plant,

and wildlife science, (i.e., assessing

accurate data for Total Maximum Daily

Loads).

3. Establish short courses for both

producers and agency personnel in soil,

water, plant, livestock, and wildlife

management.

4. Provide practice-based incentive

payments for conservation based on

developing, implementing, and

maintaining a comprehensive

conservation plan over a ten-year

126

contract period.

5. Ensure confidentiality of private business

information between land owner and the

state and federal government, not subject to

open records access.

BE IT FURTHER RESOLVED, NCBA shall

vigorously oppose any abolishment of NRCS or

combining NRCS under FSA and support adequate

funding for NRCS technical assistance to meet science-

based, ecologically, and economically sound

conservation needs.

PR/EM 3.17

2018/Amended

Trespass and Unmanned Surveillance

WHEREAS, federal regulatory agencies have

delegated to most states the authority to enforce various

environmental regulatory schemes, and

WHEREAS, states routinely conduct

inspections and have current working relationships with

regulated facilities, and

WHEREAS, there is growing risk of lawsuits to

landowners who allow people on their property, and

WHEREAS, lawsuits are being initiated by

uninvited guests and trespassers, and

WHEREAS, more people are using private

lands for recreation and other uses, and many effective

methods of stopping this entry to private land may lead

to increased landowner liability, and

WHEREAS, people can trespass onto private

property via unmanned aerial vehicles (UAVs or

“drones”) or other surveillance equipment without being

physically present on the land,

THEREFORE BE IT RESOLVED, NCBA

shall ask for the immediate cessation of unmanned

surveillance being conducted by federal regulatory

agencies as a blatant violation of private property rights

of businesses, residents, and adjoining property owners,

THEREFORE BE IT RESOLVED, NCBA

shall support legislation to protect private landowners

from lawsuits by both uninvited guests and trespassers

through expanded immunity and trespass laws.

PR/EM 3.18

2017/Renewed

Aerial Surveillance

WHEREAS, the Environmental Protection

Agency (EPA) has delegated to most states the

authority to enforce the Clean Water Act, and

WHEREAS, states routinely conduct

inspections and have current working relationships

with regulated facilities, and

WHEREAS, aerial surveillance conducted

for Clean Water Act inspections only allows

assumptions to be made and accurate information can

only be obtained by conducting on-site inspections,

and

WHEREAS, aerial surveillance by EPA is

unwarranted because there are other means to collect

information that would be a more efficient use of

taxpayer dollars,

THEREFORE BE IT RESOLVED, NCBA

shall ask for the immediate cessation of aerial

surveillance being conducted by the EPA as a blatant

violation of private property rights of businesses,

residents, and adjoining businesses and residents,

BE IT FURTHER RESOLVED, NCBA

shall support on-site inspections as the sole means

of inspection when required under the Clean Water

Act.

PR/EM 3.19

2020/Renewed

Opposition to National Heritage Areas

WHEREAS, NCBA has existing land use

policy which states, in part, that NCBA shall oppose

state and federal land planning schemes, but support

local land planning, and

WHEREAS, NCBA is concerned that

National Heritage Areas will negatively impact private

property owners’ rights and abilities to manage their

private property because of government regulations

that limit agricultural activities,

THEREFORE BE IT RESOLVED, NCBA

vigorously opposes National Heritage Areas.

127

4. ENDANGERED SPECIES

PR/EM 4.1

2018/Amended

Wildlife Services Program

WHEREAS, NCBA supports a strong Wildlife

Services program administered by the USDA Animal

and Plant Health Inspection Service (APHIS), and

THEREFORE BE IT RESOLVED, NCBA

shall support full funding for Wildlife Services to control

all predators and other harmful species detrimental to the

cattle industry.

PR/EM 4.2

2020/Renewed

Animal Damage Control

WHEREAS, no federal program currently

exists to compensate producers for predation by

protected species or species that carry a reportable

animal disease, and

WHEREAS, no animal damage control

programs currently exist to effectively manage protect

species populations on public or private lands,

THEREFORE BE IT RESOLVED, NCBA

supports the federal and state cooperative funding of

animal damage control programs to protect economic

loss and to ensure public health and safety.

BE IT FURTHER RESOLVED, NCBA

supports effective animal damage control efforts on

private and public lands that employ appropriate lethal

and non-lethal means, including aerial control.

BE IT FURTHER RESOLVED, NCBA seeks

national legislation to create a program to compensate

livestock operators for predation by protected species.

BE IT FURTHER RESOLVED, NCBA seeks

national legislation creating a program to compensate

livestock operators for damages caused by wildlife

species that are known to carry a reportable animal

disease.

PR/EM 4.3

2018/Amended

Endangered Species Act Reauthorization

WHEREAS, NCBA supports the continued

existence of viable populations of plants and animals but

finds the current Endangered Species Act (ESA) to be

ineffective at achieving this goal, and

WHEREAS, cattlemen own and manage

most of the lands impacted by the ESA, and the ESA

has more potential authority to restrict or eliminate

cattle production than any other federal environmental

law, and

WHEREAS, the federal agencies responsible

for implementing the ESA are unable to perform ESA-

mandated tasks due to the overwhelming demands

brought by constant ESA- related litigation, Freedom

of Information Act requests, court rulings, increasing

demands for regulatory oversight, and other pressures.

THEREFORE BE IT RESOLVED, NCBA

shall urge Congress to amend and revise the

Endangered Species Act in a manner to provide

balance, recognizing the need for economic benefit

and the importance of private property rights, and to

provide a mechanism to ensure that these balanced

considerations are maintained,

BE IT FURTHER RESOLVED, NCBA shall

seek an immediate change to the current ESA that

incorporates the following principles:

1. Require preparation of an economic

impact analysis and an environmental

impact statement that considers impacts

from the time the species was listed

before land uses are regulated due to the

presence, movement, or relocation of a

threatened or endangered species. Such

analysis should include an assessment of

the impacts these regulations or

relocations will have on local, county,

state, and national economies, custom

and culture.

2. Require that any ESA regulation

affecting water resources protect and

recognize both the states’ right to

allocate quantities of water and

individuals’ rights acquired under state

law.

3. Strengthen the scientific requirement for

listing species and designating critical

habitat in compliance with, but not

limited to, the Federal Data Quality Act,

including blind peer review of proposed

decisions and field testing whereby

mechanisms are created to avoid

unfounded listings.

4. Strengthen the recovery planning

process to provide specific guidance for

128

species conservation, economic impacts,

likelihood of recovery, biological

significance, options for recovery goals,

and clear delisting criteria.

5. Increase incentives and streamline

procedures for federal, state, local, and

private efforts to conserve species,

including voluntary management

agreements.

6. Conduct a peer review of biological data.

7. Allow additional time between petitioning

and listing.

8. Ensure the jeopardy standard in the Section

7 consultation process is measured by the

death of a threatened or endangered

species, not simply the modification of

critical habitat.

9. Eliminate the current inequity that imposes

more burdensome standards and

procedures on private landowners than on

government agencies.

10. Recognize ESA’s impacts on private

property rights and provide compensation

for “takings.”

11. Clarify the prohibition against a “take” of a

listed species to provide legal immunity to

a landowner complying with a recovery

plan and to better distinguish between

threatened and endangered species.

12. Ensure that releases or introductions of

experimental populations lead to the

conservation of the species and do not

result in adverse impacts on established

land uses and public welfare.

13. Provide for cooperative efforts managed at

the state and local level as an alternative to

listing.

14. Expand status review committee to include

representatives from impacted natural

resource user groups, state and local

government, and land grant universities.

15. Require specific, original, achievable

recovery goals and automatic delisting

when these goals have been met.

16. Strengthen the requirement that the ESA is

implemented in coordination with the

organic act requirements of the other

federal agencies.

17. Streamline implementation of the delisting

process. Include a federal budget line-item

appropriation for the funding of recovery

and delisting species.

18. Remove the Citizen Suit Provision

reflecting the requirements of the Equal

Access to Justice Act (EAJA), thereby

removing the incentive for frivolous suits,

and amend the EAJA to be consistent

with the Citizen Suit Provision in the

Endangered Species Act.

19. Require that information or references to

the presence of plant or animal species

on private property without the written

consent of the landowner or his duly

authorized agent be excluded from

consideration by the United States Fish

and Wildlife Service (FWS) in

connection with listings or

determinations of threatened or

endangered species.

20. Require that scientific data be presented

and/or studies be conducted that

conclusively demonstrate what the

species’ historic range was, how the

range has changed, and if that range is

still suitable habitat for the species in

question.

21. Require the federal agencies to work as

partners with the states in developing

measurable recovery goals for every

listed species to ensure a higher

likelihood of program success, and urge

federal agencies to develop and extend

partnerships with the states and state

agencies regarding the recovery of

species.

PR/EM 4.4

2018/Amended

Special Status Species

WHEREAS, arbitrary special status

designations impose land use restrictions on producers

while circumventing the full ESA status assessment

and listing process,

THEREFORE BE IT RESOLVED, NCBA

shall oppose the use of special status designations.

PR/EM 4.5

2019/Amended

Reintroduction of Grizzly Bears

WHEREAS, opposition to the reintroduction

efforts of the U.S. Fish and Wildlife Service (USFWS)

of the grizzly bear is widespread, and

WHEREAS, any such reintroduction has

potential adverse ramifications for livestock

producers, private property owners, recreationalists,

129

and federal land users in any areas where grizzly bear

reintroduction is contemplated by the USFWS, and

WHEREAS, the grizzly bear is a known

predator of cattle populations, and has an adverse impact

on the livelihood of livestock producers,

THEREFORE BE IT RESOLVED, NCBA

opposes the continued reintroduction efforts by the

USFWS of the grizzly bear.

BE IT FURTHER RESOLVED, NCBA oppose

the continued management of the grizzly bear by the

USFWS, assist state affiliates in efforts to have the

grizzly bear removed from the Endangered Species List,

and seek management of the grizzly bear by the

appropriate state wildlife management agency.

PR/EM 4.6

2018/Amended

Wildlife-International Treaty

BE IT RESOLVED, NCBA shall oppose any

international treaty which impacts any private,

reservation, or state lands or waters without full

disclosure by, and just compensation to such private

citizens, recognized Indian tribes, or states, for any

property rights thereby diminished.

PR/EM 4.7

2017/Renewed

Delisting Threatened and Endangered Species

WHEREAS, wherever a listed species has

reached established recovery levels through

management and regulation, multiplied to the point of no

longer needing the protection of the Endangered Species

Act within the preferred habitat, and

WHEREAS, the mechanism for delisting a

recovered species is cumbersome,

THEREFORE BE IT RESOLVED, NCBA

shall encourage streamlining and implementing the

delisting process,

BE IT FURTHER RESOLVED, NCBA shall

recommend that the federal budget include a line- item

appropriation for the funding of delisting species.

PR/EM 4.8

2017/Renewed

Biological Diversity

WHEREAS, the phrase “biological

diversity” has been advanced in federal legislation of

major concern to NCBA members but this phrase has

not been clearly defined,

THEREFORE BE IT RESOLVED, NCBA

shall oppose legislation that establishes a national

policy and authorizes government action on

“biological diversity” until there is a clearer, accepted

scientific definition of “biological diversity” and until

the environmental, social, and human values of

preserving “biological diversity” are more concretely

specified.

PR/EM 4.9

2018/Amended

Sage Grouse

WHEREAS, in 2015 the FWS found the

greater sage grouse not warranted for listing as a

threatened or endangered species, and

WHEREAS, states across the range of the

greater sage grouse have crafted conservation plans to

address habitat and species needs at a local level,

THEREFORE BE IT RESOLVED, NCBA

shall encourage the U.S. Fish and Wildlife Service

(FWS) and state wildlife agencies to continue working

with ranchers, states, and local governments through

their respective greater sage grouse conservation plans

to avoid any future listing of the greater sage grouse as

an endangered species.

BE IT FURTHER RESOLVED, NCBA shall

continue to focus on this issue in its Endangered

Species Act (ESA) agenda because this is a western

states priority.

PR/EM 4.10

2019/Amended

Wolf and/or Recovery Delisting Goal

BE IT RESOLVED, NCBA insists that upon

the completion of management plans and attainment

of population goals, wolves and/or grizzly bears shall

be delisted from protection under the Endangered

Species Act,

130

BE IT FURTHER RESOLVED, NCBA seek

legislation requiring the federal government to provide

full funding for all wolf and/or grizzly bear management

costs including monitoring, depredation, and all other

related costs.

PR/EM 4.11

2019/Renewed

Species Recovery and Introduction

WHEREAS, the Endangered Species Act

(ESA) does not provide proper incentives for species

recovery and, in many instances, limits and/or intrudes

on the property rights of private landowners for the

purpose of species habitat preservation, and

WHEREAS, these limitations and intrusions on

the free use of private property often restrict economic

use of land and, in some cases, actually diminish

property value, and

WHEREAS, non-regulatory solutions, based

on a proactive species conservation partnership, should

be found to ease the burden of the ESA on public and

private land ranchers, and

WHEREAS, NCBA believes that recovery

using voluntary incentives and, ultimately, delisting of

species covered by the ESA should be the highest

priority of the ESA,

THEREFORE BE IT RESOLVED, NCBA

shall promote recovery as an avenue of reform to the

ESA, and that federal funding for the ESA should be

prioritized to reflect this priority.

BE IT FURTHER RESOLVED, NCBA shall

insist that scientific data be presented and/or studies be

conducted that conclusively demonstrate what the

species’ historic range was, how the demographic of that

present-day historic range has changed, and if it is still

suitable habitat for the species in question.

BE IT FURTHER RESOLVED, NCBA shall

strongly oppose species introductions, experimental or

otherwise, under the ESA until changes are made to

listing mechanisms, including Section 10J, to limit scope

and reduce regulatory burdens to producers.

BE IT FURTHER RESOLVED, NCBA shall

urge federal agencies to work as partners with the states

in developing measurable recovery goals for every listed

species in order to ensure a higher likelihood of program

success, and shall urge federal agencies to develop and

extend partnerships with the states and state agencies

regarding the recovery of species.

PR/EM 4.12

2020/Renewed

Predator Control

WHEREAS, cattle producers are faced with

many predators that prey on cattle and inflict a severe

economic impact on production costs,

THEREFORE BE IT RESOLVED, NCBA

supports legislation to “fast track” permits and to give

the USFWS, or other appropriate entities, the authority

to issue nuisance permits.

PR/EM 4.13

2017/Renewed

Voluntary Species Recovery Credit System

WHEREAS, NCBA supports increased

incentives and streamlined procedures for federal,

state, local, and private efforts to conserve species,

including voluntary management agreements, and

WHEREAS, non-regulatory solutions, based

on proactive species conservation partnerships, should

be found to ease the burden of the Endangered Species

Act (ESA) on public and private lands, and

WHEREAS, NCBA believes that recovery

using voluntary incentives and, ultimately, delisting of

species covered by the ESA should be a high priority

of the United States Fish and Wildlife Service,

THEREFORE BE IT RESOLVED, NCBA

shall support the implementation of a species recovery

credit system that:

1. Provides assurances to the seller and

buyer of credits.

2. Applies on both private and federal

lands.

3. Allows for transfer of excess credits

beyond those needed by the buyer.

4. Allows the use of governmental and

private funding sources for credit

generation and purchase.

5. Embraces the concept that a temporary

taking can be offset with term

agreements.

131

PR/EM 4.14

2020/Amended

Migratory Bird Treaty Act

WHEREAS, Black Vultures and ravens have

caused proven and documented depredation in the cattle

industry, and

WHEREAS, Black Vultures and ravens are

protected under the Migratory Bird Treaty Act,

administered by the USFWS, and

WHEREAS, depredation permits are available

to producers through the APHIS and USFWS,

THEREFORE BE IT RESOLVED, NCBA

works with the respective agencies to research,

document, and prove the economic loss to cattle

producers, the migration of Black Vultures and ravens,

and justification for the birds to be protected under the

Migratory Bird Treaty Act.

BE IT FURTHER RESOLVED, NCBA works

with the respective agencies to ease the restrictions and

limitations of the process for the depredation permit and

to increase the number of birds allowed under the

depredation permit.

PR/EM 4.15

2019/New

Incentive-based Conservation Efforts for Species

and Habitats

WHEREAS, the federal Endangered Species

Act (ESA) does not provide proper incentives, and in

many instances limits and/or intrudes upon the property

rights of private landowners for the purpose of species

habitat preservation, and

WHEREAS, these limitations and intrusions on

the free use of private property often restrict economic

use of land, and in some cases, actually diminish

property value, and

WHEREAS, society is increasingly aware that

obtaining private landowner cooperation in habitat

preservation by regulation has been less than

satisfactory, yet willingness to participate in some form

of alternative incentive-based habitat preservation is

growing, and

WHEREAS, proactive habitat conservation

programs initiated by landowners would produce a

partnership regarding resource conservation issues

rather than the present adversarial relationship,

resulting in a mechanism for some control and free

choice to remain in the hands of private landowners,

THEREFORE BE IT RESOLVED, NCBA

supports proactive, landowner-based incentive efforts

which would provide greater engagement between

private and federal land managers in conservation of

endangered, threatened, and candidate species, and

their corresponding habitats,

BE IT FURTHER RESOLVED, landowners

and federal land permittees would be compensated for

the significant contributions they provide toward

species and habitat conservation based on the

outcomes and practices,

BE IT FURTHER RESOLVED, such effort

would be voluntary in nature and fair to participating

and nonparticipating landowners, and that these efforts

could additionally provide mitigation for other

commercial activities as a condition of regulatory

requirement.

132

TAX AND CREDIT COMMITTEE

Leroy Startz, TX – Chair Dan Rorvig, ND – Vice Chair

Danielle Beck, Staff

1 GENERAL

1.1 2017 1031 Exchange

1.2 2018 Conservation Easements

1.3 2017 Health Care Reform

1.4 2020 Valid IRS Conservation Purposes

1.5 2021 Natural Resources Use in

Conjunction with Conservation

1.6 2017 Tax Deductibility of Fence

Replacement Costs

1.7 2017 Tax Exemption for Disaster

Assistance

1.8 2018 Beef Consumption Tax

2 ESTATE TAXES

2.1 2019 Taxes – Sub-Chapter “S”

Corporations

2.2 2018 Death Tax

2.3 2018 Special Use Valuation – Estate

Taxes

2.4 2018 Gift Exemption

2.5 2019 Death Tax Ag Production

Exemption

2.6 2020 Stepped-Up Basis

3 CAPITAL GAINS AND ALTERNATIVE

MINIMUM TAXES

3.1 2020 Taxes – Alternative Minimum Tax

3.2 2021 Capital Gains Rollover

3.3 2021 Income Taxes, Capital Expensing,

and Business Deductions

3.4 2019 Capital Gains: Conservation

Easements

3.5 2021 Capital Gains

4 INCOME TAXES AND SOCIAL

SECURITY

4.1 2019 Cash Accounting

4.2 2020 Taxes – Social Security

4.3 2020 Unemployment Taxes

4.4 2017 Social Security Tax on Farmland

Rent

4.5 2021 Social Security Exemption on

Conservation Program Payments

4.6 2021 Social Security Exemption on Co-

Op Distributions

4.7 2020 Income Tax Accounting Policies

4.8 2018 Minority Interest in Property

5 BUSINESS TAXES

5.1 2020 Corporate Structure for Agriculture

5.2 2020 Taxes – Limitation on Certain

Business Deductions

5.3 2020 Conservation Tax Incentives

5.4 2020 Taxes – Double Taxation

5.5 2019 Tax Treatment of General Permit

Process Mandated Expenditures

5.6 2019 Bonus Depreciation

5.7 2017 Agriculture Standalone

Conservation Purpose

6 FEDERAL BUDGET

6.1 2020 Federal Budget

7 BANKING AND CREDIT

7.1 2020 Taxes – Modification of “At Risk”

Rule

7.2 2020 Credit – Government Subsidies

7.3 2020 Credit – Farm Credit System

7.4 2020 Agricultural Credit

7.5 2020 Agricultural Credit – Support Rural

Banks

7.6 2017 Beginning Farmer and Rancher

Program

133

1. GENERAL

T 1.1

2017/Renewed

1031 Exchange

WHEREAS, NCBA recognizes the increased

demand and activity in the agricultural and production

real estate markets and the increased demand this places

on title companies, surveyors, appraisers, etc., and

WHEREAS, NCBA recognizes the

constraints that the current Internal Revenue Service

(IRS) Code section 1031 g(1) places upon individuals

and companies that are utilizing this law for tax

deferment when selling family ranches and businesses,

THEREFORE BE IT RESOLVED, NCBA

support change of the current IRS Code section 1031 g

(1) to generally provide:

A taxpayer selling farm, ranch, or other

agricultural production property shall have 180 days

(rather than the current 45 day limit) to identify a

maximum of six replacement properties (rather than the

current number of three) regardless of value to be

received in exchange as “like kind” after the date on

which the taxpayer transfers the relinquished property

in the exchange, and such property is received not more

than 365 days (rather than the current 180 day limit)

after the date on which the taxpayer transfers the

property relinquished in the exchange, regardless of the

taxable year in which the transfer of the relinquished

property occurs.

T 1.2

2018/Amended

Conservation Easements

WHEREAS, conservation easements are a

valuable tool for estate planning and allow tax benefits

to the donor of the easement, and

WHEREAS, currently the tax code is intended

to provide tax benefits over a long enough period to

allow the average farmer or rancher to use the benefit,

WHEREAS, conservation incentive tax policy

must provide for the ability of landowners to enter into

a bargain sale of a conservation easement without the

revenue from such sale jeopardizing the ability to fully

utilize the tax benefit of a donated value,

THEREFORE BE IT RESOLVED, NCBA

supports legislation to give the donor of a conservation

easement the ability to use 100% of the tax deduction

and not be penalized by the income from a bargain sale

of the conservation easement.

T 1.3

2017/Amended

Health Care Reform

WHEREAS, the United States should

maintain the best medical care available for its citizens,

THEREFORE BE IT RESOLVED, NCBA

encourages the following principles be retained in any

health care reform legislation:

1. Adequate Medicare and Medicaid

reimbursement to rural providers and

rural critical access hospitals to assure

their viability.

2. Insurance offered in a more market-based,

traditional manner.

3. One hundred percent deductibility of

health insurance costs, or a full tax credit,

for self-employed persons.

4. Make rural areas more competitive in

attracting health professionals and

freedom for these professionals to use

their expertise in health care decisions.

5. Patient choice of caregivers and the

ability to cross state lines for health care.

T 1.4

2020/Amended

Valid IRS Conservation Purposes

WHEREAS, the Internal Revenue Code

(IRC), relative to conservation easements, does not list

agriculture as a valid, stand-alone, conservation

purpose and does provide a tax benefit for retaining the

character of agricultural use for active farmers and

ranchers in conservation easements,

BE IT RESOLVED, NCBA supports an

addition to the IRC, relative to conservation easements,

naming modern agriculture as a valid, stand-alone

conservation practice for conservation easement

purposes.

BE IT FURTHER RESOLVED, NCBA

encourages the Internal Revenue Service to recognize

the extinguishment of any part or portion of non-

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agricultural commercial development be recognized as

a conservation benefit.

BE IT FURTHER RESOLVED, NCBA

supports the continued tax benefit for retaining

agricultural use by active farmers and ranchers.

T 1.5

2021/Renewed

Natural Resources Use in Conjunction with

Conservation Easements

WHEREAS, the current IRS Code conflicts

on it interpretation of extraction of surface natural

resources allowances in conjunction with conservation

easements, and

WHEREAS, this conflict could actually

impair the ability for establishment of conservation

easements,

THEREFORE BE IT RESOLVED, NCBA

supports the inclusion of limited surface extraction, in

conjunction with conservation easements, as long

as there is no long term damage to conservation

resources or it is beneficial to conservation resources.

T 1.6

2017/Renewed

Tax Deductibility of Fence Replacement Costs

WHEREAS, natural disasters can destroy

livestock, productive grazing lands, and ranch facilities,

including fences, and

WHEREAS, current Internal Revenue Service

(IRS) rules do not allow fence replacement costs to be

fully expensed and deducted in the year of replacement,

except on a restricted basis, and

WHEREAS, this limitation places an

unnecessary and undue burden on ranchers who have

been devastated by natural disasters and who need to

rebuild and restock their ranching operations,

THEREFORE BE IT RESOLVED, NCBA

support federal legislation and/or rulemaking which

would allow the costs of replacing fences, which have

been destroyed by natural disasters, to be fully tax

deductible in the year such costs are incurred.

T 1.7

2017/New

Tax Exemption for Disaster Assistance

WHEREAS, large scale agricultural disaster

payments are rare and do not make the producer whole,

but provide resources necessary to make essential

expenditures during a disaster, and

WHEREAS, only in agriculture is disaster

relief taxed as income by the federal government,

THEREFORE BE IT RESOLVED, NCBA

will push for livestock disaster assistance to be tax

exempt from federal income tax and not affect benefits

from other federal programs, similar to assistance

provided by the Federal Emergency Management

Agency (FEMA) and other disaster programs, which

are not taxable income.

T 1.8

2018/New

Beef Consumption Tax

WHEREAS, beef is a healthy and nutritious

food source, and

WHEREAS, NCBA believes beef should be

readily available without undue added costs,

THEREFORE BE IT RESOLVED, NCBA

oppose any type of usage, or consumption tax, to be set

up by local, state, or federal governments on beef.

2. ESTATE TAXES

T 2.1

2019/Renewed

Taxes—Sub-Chapter “S” Corporations

BE IT RESOLVED, NCBA continues to

support amendments to the laws and regulations of Sub-

Chapter “S” Corporations which would increase their

usefulness to farms and ranches in estate planning and

operation of family-type farms and ranches.

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T 2.2

2018/Amended

Death Tax

WHEREAS, federal estate and gift taxes

continue to be a major burden on family farms, ranches,

and small businesses, and

WHEREAS, the Tax Cuts and Jobs Act

temporarily extended estate tax relief with an

exemption level at $10 million per individual ($20

million per couple) indexed for inflation with a top tax

rate of 40% and preserved the stepped-up basis and the

spousal transfer,

THEREFORE BE IT RESOLVED, NCBA:

• Support, first and foremost, full and

permanent repeal of the Death Tax,

• Oppose any proposal to increase the gift

or estate tax liability of farmers and

ranchers,

• Oppose any proposal to repeal the

stepped-up basis provisions not tied to

repeal of the estate tax, and

• Support passage of estate and gift tax

legislation which will eliminate or

significantly reduce the burden of estate

and gift taxes on family farms, ranches,

and small businesses.

T 2.3

2018/Amended

Special Use Valuations-Estate Taxes

WHEREAS, federal estate and gift taxes

continue to be a major burden on family farms, ranches,

and small businesses, and

WHEREAS, Internal Revenue Code Section

2032A establishes a productive value of the land based

upon the actual agricultural production potential of the

land and is a valuable tool for farmers and ranchers,

THEREFORE BE IT RESOLVED, NCBA

seek either an increase in limitations or the complete

removal of any limitation on the aggregate reduction in

fair market value as provided by the special use

valuation for federal estate valuation purposes.

T 2.4

2018/Renewed

Gift Exemption

WHEREAS, it has become increasingly

difficult to own and operate a small business or family

farm in this country, and

WHEREAS, the transfer of ownership of these

vital businesses has been restricted for years,

THEREFORE BE IT RESOLVED, NCBA

supports raising the annual gift exemption, and that it

be indexed to inflation for the future.

T 2.5

2019/Renewed

Death Tax Ag Production Exemption

BE IT RESOLVED, NCBA urge Congress

that a new section of the Internal Revenue Code on

inheritance taxes be adopted to include the elective

option of passing on a productive ranch or farm

enterprise to succeeding generations’ tax free as long as

the entity remains in agricultural production.

T 2.6

2020/New

Stepped-Up Basis

WHEREAS, NCBA’s cattle producers have

been working for generations with the hope that their

heirs or other designated beneficiaries will carry on

their cattle operations, and

WHEREAS, stepped-up basis is a critical tool

to meet cattle producers’ unique needs for protecting

assets for future generations, and

WHEREAS, discontinuing this practice has

the potential to create undue tax liability for the heirs or

other designated beneficiaries,

THEREFORE BE IT RESOLVED, NCBA

supports preservation of stepped-up basis for assets in

any future tax relief legislation.

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3. CAPITAL GAINS AND ALTERNATIVE

MINIMUM TAXES

T 3.1

2020/Amended

Taxes—Alternative Minimum Tax

WHEREAS, the Alternative Minimum Tax

has resulted in an increased income tax burden on

cattle producers and owners of other closely held

businesses who have long-term capital gains on the

sale of lands and other business assets,

THEREFORE BE IT RESOLVED, NCBA

supports the abolition of the Alternative Minimum

Tax.

T 3.2

2021/Renewed

Capital Gains Rollover

WHEREAS, many farmers and ranchers are

dependent on their land to fund their retirement, and

WHEREAS, the accumulated estate is

significantly reduced by income taxes upon

liquidation,

THEREFORE BE IT RESOLVED, NCBA

supports tax law changes to allow agricultural operators

a one-time tax free capital gains rollover from the sale

of agricultural land and/or rights into an Individual

Retirement Account (IRA), Keogh Plan, or similar

retirement account to be taxed at time of withdrawal or

allow a one-time exemption from tax on the sale of

certain agricultural land and/or rights.

T 3.3

2021/Amended

Income Taxes, Capital Expensing, and Business

Deductions

WHEREAS, the rates of income taxes are too

high at the federal level, and

WHEREAS, the costs of capital inputs for

farmers and ranchers are significant, and

WHEREAS, business deductions provide

meaningful tax relief for agricultural businesses,

THEREFORE BE IT RESOLVED, NCBA

supports the lowering of the rate of income tax on

individuals and entities.

BE IT FURTHER RESOLVED, NCBA

supports unlimited expensing of capital purchases and

that Section 179 type expensing and bonus depreciation

be expanded.

BE IT FURTHER RESOLVED, NCBA

supports retaining and expanding business deductions,

including the Section 199A Small Business Deduction.

T 3.4

2019/Renewed

Capital Gains: Conservation Easements

BE IT RESOLVED, NCBA support the

premise that sales of conservation easements and

conservation easement credits be considered capital

gains sales for tax purposes.

T 3.5

2021/New

Capital Gains

WHEREAS, most realized long-term capital

gains and qualified dividends are taxed at graduated

rates under the individual income tax, and

WHEREAS, capital gains are taxable only

upon realization, such as the sale or other disposition of

an appreciated asset, and

WHEREAS, there is currently no realization

of capital gain by the donor at the time of the gift, and

there is no recognition of capital gain (or loss) by the

donee until the donee later disposes of that asset, and

WHEREAS, when an appreciated asset is held

by a decedent at death, the basis of the asset for the

decedent’s heir is adjusted (usually “stepped-up”) to the

fair market value of the asset at the date of the

decedent’s death, and

WHEREAS, U.S. agricultural producers have

been working their land and other assets for generations

with the intent that their heirs or other designated

beneficiaries will carry on the business, and

WHEREAS, the realization of capital gains

tax without an actual sale would affect agricultural

producers disproportionately,

THEREFORE BE IT RESOLVED, NCBA

opposes the realization of a capital gain tax at the time

of transfer from a donor or from a deceased owner of

an appreciated asset.

137

4. INCOME TAXES AND SOCIAL SECURITY

T 4.1

2019/Renewed

Cash Accounting

WHEREAS, Cash Basis accounting is utilized

by many farmers and ranchers, as a simple, effective,

cost-efficient method of record keeping, and

WHEREAS, due to the volatility of market

prices, weather and levels of farm income in addition to

the cyclical nature of agricultural financing, cash

accounting is a vital and necessary management tool for

farmers and ranchers,

THEREFORE BE IT RESOLVED, NCBA

opposes any legislation, ruling, regulation, or proposal

that restricts the availability of cash accounting based

on the type of business structure or any type of arbitrary

cap based on gross receipts.

T 4.2

2020/Amended

Taxes—Social Security

WHEREAS, current Social Security laws

impose increasing and burdensome taxes on cattle

producers and other taxpayers, and

WHEREAS, such laws require the payment of

Social Security taxes on wages of part-time agricultural

employees, and

WHEREAS, Circuit Court decisions in certain

parts of the United States, as well as Internal Revenue

Service and Social Security Administration regulations

discriminate against retired cattle producers who lease

all or part of their operation by classifying such rental

income as self-employment earnings and thus reducing

or eliminating Social Security benefits,

THEREFORE BE IT RESOLVED, NCBA

supports legislation to decrease the current high rate of

Social Security tax or, in the alternative, explore

acceptable alternatives to the Social Security tax which

will not discriminate against agriculture.

BE IT FURTHER RESOLVED, NCBA

supports changes in existing law to raise the amount an

agricultural employee may earn before the wage is

subject to Social Security tax.

BE IT FURTHER RESOLVED, NCBA

supports efforts to amend the Social Security laws to

allow cattle producers to participate in the management

and inspection of their rented property without having

the rental income earned from the property being

subject to the self-employment earnings tax and without

having Social Security benefits reduced or eliminated.

T 4.3

2020/Renewed

Unemployment Taxes

WHEREAS, the Federal Unemployment Tax

Act has imposed a substantial financial burden on

family farms,

THEREFORE BE IT RESOLVED, NCBA

seeks federal legislation that exempts officers of family

farm corporations and all other forms of farm and ranch

ownership, such as partnerships and so forth, from the

requirements of the Federal Unemployment Tax laws.

T 4.4

2017/Renewed

Social Security Tax on Farmland Rent

WHEREAS, the Internal Revenue Service

(IRS) is attempting to place Social Security tax rules on

agriculture which are different from those faced by any

other segment of the economy,

THEREFORE BE IT RESOLVED, income

received as rent on agricultural property shall not be

subject to Social Security taxation.

T 4.5

2021/Renewed

Social Security Exemption on Conservation

Program Payments

WHEREAS, corporate entities and inactive

farmers are not subject to a social security tax on

income received from participation in conservation

programs, but individual active farmers may be subject

to the tax, and

WHEREAS, longstanding federal policy

encourages farmers to participate in conservation

programs,

THEREFORE BE IT RESOLVED, as a

matter of fairness to active farmers and non-corporate

farmers, and as a method of increasing effectiveness in

138

achieving widely supported federal farm policy goals,

NCBA requests that Congress grant a complete

exemption from social security taxes on income

received by farmers from participation in conservation

programs.

T 4.6

2021/Renewed

Social Security Exemption on Co-Op Distributions

WHEREAS, corporate entities which are

members of cooperatives are not subject to social

security tax on income they receive from earnings

distributed to them by a cooperative, but individual

farmer-members are subject to the tax, and

WHEREAS, longstanding federal policy

encourages farmers to band together in cooperatives,

particularly now in “value-added” cooperatives,

THEREFORE BE IT RESOLVED, as a

matter of fairness to active farmers and non-corporate

farmers, and as a method of increasing effectiveness in

achieving widely supported federal farm policy goals,

NCBA requests Congress grant a complete exemption

from income received from earnings distributed to them

by cooperatives.

BE IT FURTHER RESOLVED, NCBA works

for an equitable solution to the social security tax on

earnings distributed by cooperatives.

T 4.7

2020Amended

Income Tax Accounting Policies

WHEREAS, cattle producers historically have

had the option to choose whatever method of

accounting that best suits their operation, and

WHEREAS, cattle producers may have

widely fluctuating income from year to year,

THEREFORE BE IT RESOLVED, NCBA

takes whatever action necessary to ensure cattle

producers free choice with respect to using the cash,

accrual, or hybrid methods of accounting.

BE IT FURTHER RESOLVED, NCBA

supports income tax averaging for cattle producers on

federal and state tax returns.

T 4.8

2018/New

Minority Interest in Property

WHEREAS, the basis for fractional interests

discounts of real property and interests in entities

reflects actual diminution of values and historically has

been reflected in Treasury Regulations, Tax Court

decisions, and Internal Revenue Service Revenue

Rulings, and

WHEREAS, there is significant interest in

simplifying discounts for lack of marketability, lack of

control, and other discounts related to fractional

interests,

THEREFORE BE IT RESOLVED, NCBA

supports codification of significant discounts for lack of

marketability, lack of control, and other discounts

related to fractional interests into the Internal Revenue

Code,

BE IT FURTHER RESOLVED, NCBA

opposes any attempt by code, regulation, or otherwise

to reduce or eliminate discounts available for fractional

interests.

5. BUSINESS TAXES

T 5.1

2020/Amended

Corporate Structure for Agriculture

WHEREAS, the corporate structure provides a

useful tool for cattle producers as well as other

businesses,

THEREFORE BE IT RESOLVED, NCBA

strongly opposes any special limitations which would

restrict cattle producers’ access to the use of the

corporation form of business.

T 5.2

2020/Amended

Taxes—Limitation on Certain Business Deductions

WHEREAS, the Internal Revenue Code

denies business deductions for entertainment,

amusement, or recreation thereby denying the

deduction for entertainment facilities, including

hunting lodges, and such denial may limit the deduction

of rental paid to lease farm and ranch land for hunting

or other sporting purposes, and

139

WHEREAS, proposals have, from time to

time, been introduced in Congress to eliminate or

significantly reduce the deduction for meals for

business purposes,

THEREFORE BE IT RESOLVED, NCBA

supports the deduction of business expenses for meals,

for use of lodges and leases, or for hunting or other

sporting purposes as a fully deductible business

expense.

T 5.3

2020/Amended

Conservation Tax Incentives

WHEREAS, the high cost of implementing

conservation programs is a burden on the landowner,

and

WHEREAS, the national benefits of these

programs are equal to or exceed those received by the

landowner,

THEREFORE BE IT RESOLVED, NCBA

supports federal legislation that would provide tax

incentives for private landowners to implement

conservation and erosion control programs.

T 5.4

2020/Renewed

Taxes—Double Taxation

WHEREAS, a double tax burden is imposed

on income generated by a family farm, ranch, or other

closely held business corporations where such income

is distributed in the form of dividends to shareholders,

and

WHEREAS, such double taxation has created

inequities and burdens on family owned businesses

operating in corporate form, which cannot or may not

be able to elect to be taxed as a Sub-Chapter “S”

corporation,

THEREFORE BE IT RESOLVED, NCBA

supports proposals to eliminate the double income tax

burden on corporate earnings generated by a family

farm, ranch, or other closely held business corporation

where such income is distributed in the form of

dividends to shareholders.

T 5.5

2019/Renewed

Tax Treatment of General Permit Process

Mandated Expenditures

WHEREAS, tax code modifications were put

in place to help corporations pay for equipment, plant

modifications, employee education, and other related

costs when pollution control measures were mandated,

and

WHEREAS, these tax code modifications

greatly helped corporations to accomplish the mandated

pollution control measures in a timely manner without

severely affecting the bottom line of the affected

corporations, and

WHEREAS, these tax code changes were

targeted for corporations only,

THEREFORE BE IT RESOLVED, NCBA

supports efforts to allow accelerated depreciation

schedules and tax credits for private individuals and

other non-corporate business entities, as well as

corporations, that are mandated to install pollution

control measures (such as those mandated by the

General Permit process) to help offset the costs

associated with the installation of some of these

mandated facilities and equipment

T 5.6

2019/Amended

Bonus Depreciation

WHEREAS, recent changes to the tax code

allow businesses to take a special depreciation

allowance to recover part of the cost of qualified

property placed in service during the tax year, and

WHEREAS, the allowance applies only for

the first year the property is placed in service, and

WHEREAS, bonus depreciation is the

additional amount of deductible depreciation that is

awarded above and beyond what would normally be

available,

THEREFORE BE IT RESOLVED, NCBA

supports the continued inclusion of the 100% bonus

depreciation as part of the United States tax code.

140

T 5.7

2017/New

Agriculture Standalone Conservation Purpose

BE IT RESOLVED, NCBA seek legislative

changes to make agriculture a standalone conservation

purpose within the Tax Code and Treasury Regulations

and to allow for alternative valuation methods to be

used to value conservation easements.

6. FEDERAL BUDGET

T 6.1

2020/Renewed

Federal Budget

BE IT RESOLVED, NCBA urges Congress

and the Administration to continue a realistic

examination of spending priorities in order to make real

and significant budget and tax cuts and to further

develop a balanced budget.

7. BANKING AND CREDIT

T 7.1

2020/Amended

Taxes—Modification of “At Risk” Rule

WHEREAS, the future of many young cattle

producers is dependent upon extension of credit from

family members or the guarantee of financial institution

debt by a family member,

THEREFORE BE IT RESOLVED, NCBA

supports loans from family members or guarantees by

family members by including them under the

determination of At-Risk under Internal Revenue Code

Section 465 as long as such loans are used for

agricultural purposes.

T 7.2

2020/Amended

Credit—Government Subsidies

WHEREAS, NCBA has policy against

involving livestock and/or meat directly in government

subsidies,

THEREFORE BE IT RESOLVED, NCBA

affirms this position with respect to credit and similar

areas, except for emergency loans and companion

measures in connection with losses due to natural

disasters, pandemics, or other acts of God.

T 7.3

2020/Amended

Credit—Farm Credit System

WHEREAS, credit is a critical input for our

nation’s agricultural sector and assists cattle producers

in the production of abundant food and fiber, and

WHEREAS, the Cooperative Farm Credit

System is a proven and dependable source for

agricultural credit at competitive rates and has

demonstrated its ability to serve as a prime vehicle for

moving investor capital into rural America,

THEREFORE BE IT RESOLVED, NCBA

opposes actions that would in any way impede the farm

credit system access to the nation’s money markets and

encourages cooperation of all suppliers of agricultural

credit to enhance the availability of credit at

competitive rates.

T 7.4

2020/Renewed

Agricultural Credit

WHEREAS, the current financial situation for

agriculture is critical, and

WHEREAS, many proposals to resolve the

agricultural credit problem will be forthcoming,

THEREFORE BE IT RESOLVED, NCBA

support the concept that government agricultural credit

programs should not compete with conventional private

sources of credit.

T 7.5

2020/Renewed

Agricultural Credit- Support Rural Banks

WHEREAS, community and rural banks are

an important source of credit for the agriculture

industry and play a vital role by providing loans to rural

businesses, and

WHEREAS, the Dodd-Frank Act has placed a

disproportionate financial burden on community and

rural banks by making them meet the same onerous

regulatory standards as large banks, and

141

WHEREAS, the burden on community and

rural banks to comply with the regulations created by

Dodd- Frank jeopardizes the livelihood of these

important financial institutions,

THEREFORE BE IT RESOLVED, NCBA

opposes the implementation of new regulations under

Dodd-Frank or similar policies that disproportionately

impact community and rural banks and encourages the

repeal of implemented policies that have created

unnecessary burdens on our rural financial institutions.

T 7.6

2017/New

Beginning Farmer and Rancher Program

WHEREAS, the average age of a farmer and

rancher in the country is nearing 60 years of age and

less than 5 percent of all farmers and ranchers are under

35 years old, making the need to repopulate the land

with beginning farmers and ranchers apparent, and

WHEREAS, beginning farmer programs are

available, but excessive restrictions minimize

participation,

THEREFORE BE IT RESOLVED, NCBA

supports measures to assist financial institutions in

making loans to beginning farmers and ranchers

through improved flexibility of loans, such as longer

terms, lower down payments, lower interest rates, and

redefining the definition of a beginning farmer,

BE IT FURTHER RESOLVED, NCBA

supports the tax-exempt Agricultural Bond for

Beginning Farmers or “Aggie Bond” program used by

state agencies to assist beginning farmers and ranchers

with purchases of assets and improvements,

BE IT FURTHER RESOLVED, NCBA

supports removing the restrictions of median farm size

for beginning farmer and rancher eligibility.