Senate Environment & Public Works Committee Issues Testimony From National Cattlemen’s Beef Association
"Good morning, my name is
"I am the immediate past president of the
"
"When we talk of overly-burdensome regulations, we always need to talk about the
"While WOTUS is a significant concern for American cattle producers, it is just the tip of the iceberg for environmental regulations that impact our industry. Another pending requirement is CERCLA and EPCRA reporting, which will require farmers and ranchers to report manure odors to the government for emergency response coordination. Let me say that again because the absurd bears repeating- the CERCLA and EPCRA reporting requirements force farmers and ranchers to report manure odors to the government so the government can coordinate an emergency response to the manure odors.
"It shouldn't need to be said, but
"Importantly, emergency responders see no value in receiving continuous release reports from livestock operations. Obtaining this information provides no benefit, and does not allow responders to be more prepared or safer in an emergency situation. In fact, these reports have the opposite effect - inhibiting responders' ability to do their job effectively and limiting vital resources. The sudden influx of agricultural reports will significantly hinder emergency response coordination and response capability.
"Information related to farm and residence location information must be protected. Unfortunately, the federal agencies handling it have an established record of misuse and blatant disregard for privacy laws. Many of the families who manage livestock operations live on their farms, so any data required by the government, like the data required for CERCLA and EPCRA reporting, creates a situation ripe for abuse. In addition to general information availability concerns, cattle producers also face significant risk of trespass and property damage. The widespread collection and dissemination of farm information by the government will put the privacy of producers and safety of our food system at risk, as individuals will have unfettered access to farm location data. Additionally, government agencies should not use aerial surveillance, by manned or unmanned aircraft, to conduct environmental enforcement actions. These type of governmental activities, simply put, further engender distrust between farmers and the federal government and put our farmers and ranchers at risk. Technological progress necessitates the progression of the law, to ensure that farmers and ranchers' privacy is protected from drone use by both public and private parties.
"Another regulation is the Spill Prevention, Control, and Countermeasure (or "SPCC") rule for farms, which requires farmers to develop and certify a control plan and install secondary containment structures for oil storage. This is a regulation that originally applied to oil refineries that now applies to farms and ranches. While the original scope of the law is well-intended, these requirements create an undue burden on farmers and ranchers, who are located in the most remote parts of the country and need oil storage to power our farm equipment.
"Cattle producers throughout the country continue to suffer the brunt of regulatory and economic uncertainty due to the abuse of the Endangered Species Act. Simply put, the Endangered Species Act is broken. Years of abusive litigation by radical environmental groups have taken a toll, and the result is a system badly in need of modernization. Today more than two thousand species throughout the world are listed as either Threatened or Endangered, with new petitions stacking up by the hundreds due to groups that have set up "petition assembly lines" to churn out new filings by the dozen. When the
"Despite the crippling impacts to our industry, it is our position that modernization of the Endangered Species Act must be addressed in a bipartisan manner. It is in this spirit of bipartisan problem-solving that PLC and NCBA participated heavily in the Western Governor's ESA Initiative led by
"Another equally important aspect to restoring science and sound policy-making to the forefront in environmental regulation are the Equal Access to Justice Act (EAJA) and the
"A big point I'd like you to take away from this hearing is that voluntary conservation really works for ranchers and the environment. A one-size fits all approach that accompanies top-down regulation does not work in my industry. Mandatory rules and requirements make it harder for ranchers to utilize the unique conservation practices that help their individual operations thrive. I believe that economic activity and conservation go hand in hand and we are always looking for new, innovative ways to provide tangible benefits to the environment, and help to improve our ranching lands.
"Ranchers represent the single greatest opportunity for real conservation benefit in the country and I conclude today with a plea on behalf of cattle and sheep producers across the country. Turn us loose. By freeing our industry from overly burdensome federal regulations and allowing us to provide the kind of stewardship and ecosystem services only we can, you will do more for healthy ecosystems and environments than top down restrictions from
"Thank you, I look forward to responding to any questions the committee may have."
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