ENVIRONMENTAL ISSUES COMMITTEE
Howdy Lawlar, Chairman
Craig Kemmet, Vice Chairman
22-Resolution passed in 2022
21-Resolution passed in 2021
20-Resolution passed in 2020
M-44 SODIUM CYANIDE DEVICES - 22 (EI)
WHEREAS, M-44 sodium cyanide devices are effective tools used to control wild animals that prey upon livestock, as well as threatened and endangered species; and
WHEREAS, the U.S. Department of Agriculture’s Wildlife Services utilizes the M-44 devices to control these predators and assist livestock producers; and
WHEREAS, when properly utilized, there are no occupational risks of concern to humans; and
WHEREAS, Wildlife Services has employed stringent safety steps, only placing the devices on private land with written permission and posting warning signs about the predacide; and
WHEREAS, the loss of the M-44 sodium cyanide devices would impair Wildlife Services’ ability to do its job and would result in severe economic consequences if predators were left unchecked.
THEREFORE BE IT RESOLVED, the NDSA opposes the elimination or restriction of M-44 sodium cyanide devices.
U.S. DROUGHT MONITOR - 22 (EI)
WHEREAS, the U.S. Drought Monitor administered by the National Drought Mitigation
Center (NDMC) 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 Service 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) the U.S. Geological Survey’s Weekly Streamflow
statistics, 4) the Standardized Precipitation Index, 5) Objective Short-and Long-term Indicator
Blends, 6) the local condition report, and 7) the drought impact; and
WHEREAS, an inaccurate drought status has a detrimental impact on the total payment a
rancher will receive under the Livestock Forage Program; and
WHEREAS, the NDMC has taken steps to adjust the criteria used to determine a counties
drought classification so as to be consistent with actual on-the-ground conditions via the
Conditions Monitoring Observer Reports (CMOR).
THEREFORE BE IT RESOLVED, the NDSA recommends the NDMC continues to
maintain and provide technical support for CMOR for drought reporting.
PRAIRIE DOGS - 22 (EI)
WHEREAS, the prairie dog is a nuisance rodent that destroys grasses, leaving the soil vulnerable to erosion and invasion by noxious weeds, and is a known host to vectors that carry Bubonic Plague that is threatening to humans; and
WHEREAS, they exist throughout the West in numbers well above endangered levels.
THEREFORE BE IT RESOLVED, the NDSA opposes any listing of the prairie dog as a threatened or endangered species.
THEREFORE BE IT FURTHER RESOLVED, the NDSA urges the North Dakota Department of Agriculture to declare the prairie dog a pest and the proper authorities to enforce its control.
WETLANDS - 22 (EI)
WHEREAS, the federal government’s current policy on wetlands affects the use, value and private property rights on millions of acres of privately owned agricultural land; and
WHEREAS, the federal government’s official method of defining wetlands leads to wetlands delineation of ranch and farmland, which should not be considered wetlands; and
WHEREAS, cattle grazing is a beneficial maintenance use of wet areas and thereby protects natural wetland values; and
WHEREAS, surface inundation exists for a significant portion of the growing season of every year under normal precipitation.
THEREFORE BE IT RESOLVED, the NDSA opposes any federal wetlands regulatory authority over all man-made wet areas.
THEREFORE BE IT FURTHER RESOLVED, the NDSA pursues changes to benefit the livestock industry in the federal wetlands policy.
CLEAN AIR - 21 (EI)
WHEREAS, air quality is essential to the health and well-being of the nation; and
WHEREAS, the Environmental Protection Agency rule that addresses the National Ambient Air Quality Standard for particulates does not distinguish combustion particulates, which have been shown to cause adverse health effects, from coarse particulates from cattle operations; and
WHEREAS, this rule applies a regulatory standard to agriculture, while lacking the scientific evidence to support such a standard, and results in a cost-prohibitive regulation for agriculturists to comply with.
THEREFORE BE IT RESOLVED, the NDSA supports a legislative effort or companion rules that would give agriculture an exclusion from the coarse particulate matter standards.
CLIMATE CHANGE - 21 (EI)
WHEREAS, cattle producers are stewards of all natural resources, including the land, water, air and livestock; and
WHEREAS, science has proven that cattle grazing improves soil health and carbon storage and helps mitigate the risk of catastrophic wildfires; and
WHEREAS, cattle recycle carbon dioxide as part of the natural carbon cycle and upcycle a diet that is 90 percent inedible to humans into nutritious protein; and
WHEREAS, cattle methane accounts for only 2 percent of all U.S. greenhouse gas emissions; and
WHEREAS, U.S. beef producers’ greenhouse gas emissions are 10 to 50 percent lower than that of their global peers, and they have reduced emissions by 30 percent from 1975 to 2017; and
WHEREAS, legislation or regulations that do not account for the U.S. beef industry’s positive contributions to the environment could put producers at a significant and unjustified disadvantage in comparison to producers in other countries and result in large energy-cost increases for those in agriculture.
THEREFORE BE IT RESOLVED, the NDSA works to educate lawmakers and the public alike that cattle grazing is a climate solution, not a detriment, and pushes back on non-science-based legislation or regulations that do not take this into account and that impose unnecessary and unrealistic standards on the livestock industry.
NOXIOUS WEEDS - 21 (EI)
WHEREAS, noxious weeds are a growing problem in North Dakota, consuming more and more of the state’s precious rangelands; and
WHEREAS, species such as Palmer amaranth have been discovered recently across North Dakota and have far greater destructive tendencies and herbicide resistance than other prohibited noxious weeds already established here; and
WHEREAS, proper weed control is going to require greater surveillance and vigilance by landowners and others in order to be effective.
THEREFORE BE IT RESOLVED, the NDSA urges lawmakers and regulators to give noxious weed control high priority and to fund related control programs and efforts at a level commensurate with the problem.
WATER APPROPRIATION - 21 (EI)
WHEREAS, recreational needs are growing at a rapid pace, creating more demand on the waters of the state; and
WHEREAS, this increased pressure on water resources may lead to attempts to change the priority ranking for water allocation.
THEREFORE BE IT RESOLVED, the NDSA opposes any attempt to diminish agriculture’s and livestock’s priority ranking for the waters of the state under the jurisdiction of the Department of Water Resources.
WATERS OF THE UNITED STATES - 21 (EI)
WHEREAS, there have been several legislative and regulatory attempts to expand the definition of the “Waters of the United States” (WOTUS) in reference to the Clean Water Act of 1972 over recent years; and
WHEREAS, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers issued a problematic WOTUS rule in 2015 that exceeded statutory authority, imposed burdensome regulations on farmers and ranchers and allowed for third-party litigation and citizen lawsuits that would have incentivized activists and was finalized in violation of mandatory procedural requirements; and
WHEREAS, the NDSA was successful in pushing back on that rule, which ignored private water stewardship practices, undermined state and local authority and subjected producers to costly and time-consumptive permits; and
WHEREAS, the replacement Navigable Waters Protection Rule addressed many of the livestock industry’s concerns, with considerable improvements made by including prior converted cropland, ditch, stock pond and other artificial pond exclusions and revamping the ephemeral and adjacent wetlands references; and
WHEREAS, a recent court ruling remanded and vacated the Navigable Waters Protection Rule and the Administration reopened a comment period on the topic.
THEREFORE BE IT RESOLVED, the NDSA works with EPA, the Corps and other decision-makers to ensure that any new definition of WOTUS protects water quality, preserves the improvements achieved in the more recent rule, promotes economic growth, minimizes regulation and respects private property rights and the roles of Congress and the states under the U.S. Constitution.
CLEAN WATER - 20 (EI)
WHEREAS, the NDSA believes that clean water is essential to the health and well-being of the nation; and
WHEREAS, local, state and federal regulations for concentrated animal feeding operations (CAFOs) and animal feeding operations (AFOs) may force unnecessary and costly restrictions on animal agriculture; and
WHEREAS, voluntary, incentive-based conservation is a proven, effective method.
THEREFORE BE IT RESOLVED, the NDSA supports a voluntary, incentive-based and locally controlled approach to clean water.
ENDANGERED SPECIES ACT RISK ASSESSMENTS - 20 (EI)
WHEREAS, activist groups have targeted agricultural pesticides and rodenticides by filing lawsuits and claiming a breech in risk assessment requirements.
THEREFORE BE IT RESOLVED, the NDSA supports a federal legislative solution that clearly establishes the primacy of the Federal Insecticide, Fungicide and Rodenticide Act for pesticide regulation in the United States and an amendment to the Endangered Species Act to exempt the Environmental Protection Agency’s pesticide reviews from Section 7 of the act if those reviews are conducted under a system agreed upon by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.
LIFE-CYCLE ANALYSIS - 20 (EI)
WHEREAS, claims about the environmental impacts of beef production are prominent in both public and policy discussions; and
WHEREAS, these claims have the potential to negatively affect consumer demand for beef and to foster burdensome regulations that negatively affect the profitability of beef production; and
WHEREAS, claims that the U.S. beef industry is environmentally harmful are based on misinformation and unsupported rhetoric, instead of sound science.
THEREFORE BE IT RESOLVED, the NDSA supports continued research on the life-cycle analysis of U.S. beef production.
PREDATOR CONTROL - 20 (EI)
WHEREAS, predator populations are increasing very rapidly, creating problems in the livestock industry and wildlife populations.
THEREFORE BE IT RESOLVED, the NDSA supports the reclassification of mountain lions and coyotes from furbearer to predator.
THEREFORE BE IT FURTHER RESOLVED, the NDSA supports continued state and federal funding for predator control.
SPECIES RECOVERY - 20 (EI)
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, 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, the NDSA 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, the NDSA promotes recovery as an avenue of reform to the ESA, and that federal funding for the ESA should be prioritized to reflect this priority.
THEREFORE BE IT FURTHER RESOLVED, the NDSA insists that scientific data be presented and/or studies be conducted that conclusively demonstrate what the species’ historic range was and how the demographic of that present-day historic range has changed and if it is still suitable for the species in question.
THEREFORE BE IT FURTHER RESOLVED, the NDSA urges federal agencies to work with states and landowner stakeholders in developing realistic goals for species.
STATE WATER RIGHTS - 20 (EI)
WHEREAS, the federal government, through the Reed Amendment in 1993, attempted to override North Dakota state water laws, as well as that of several other western states.
THEREFORE BE IT RESOLVED, the NDSA urges our Congressional delegation and governor to vigorously oppose any future attempts by the federal government to diminish North Dakota’s right to allocate state water rights.
THEREFORE BE IT FURTHER RESOLVED, the NDSA opposes the U.S. Army Corps of Engineers attempting to take control over the right to the natural flows that belong with the State of North Dakota.