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PLC and NCBA Hail House Committee Passage of H.R. 3189

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(The following is a press release from the Public Lands Council)

WASHINGTON—(Nov. 14, 2013) Today, the Public Lands Council (PLC) and the National Cattlemen’s Beef Association (NCBA) hailed the House Committee on Natural Resources for passage of H.R. 3189 The Water Rights Protection Act (WRPA), the bill passed as bipartisan legislation with a recorded vote of 19-14. The bill was introduced in early October by Scott Tipton (R-Colo.) and co-sponsors, Mark Amodei (R-Nev.), Rob Bishop (R-Utah), Tom McClintock (R-Calif.), and Jared Polis (D-Colo.).

WRPA was developed to protect water rights from a recent directive and actions by the U.S. Forest Service (USFS) which allow the agency to usurp water rights from private entities — despite private water development and property rights. The USFS is attempting to obtain these water rights for the federal government as a condition of issuing standard land use permits; however, USFS has repeatedly failed to provide just compensation — a violation of the Fifth Amendment.

“This bill is commonsense legislation, which will allow western producers to stay in business,” said Brice Lee, PLC president and Colo. rancher. “The directive and actions by the Forest Service and their attempt to unjustly acquire these rights amounts to a total negligence of states’ water law, private property rights, and the Constitution. The full committee taking up H.R. 3189 is promising — we are urging the House to take the bill to the floor and stop the USFS directive in its infancy.”

Last month, the Subcommittee on Water and Power held a hearing on the bill, inviting a panel of witnesses who testified to the importance of water rights to private business. Witnesses explained the necessity of sovereign state water laws, which are long-established in the West. Witnesses told the subcommittee how devastating the impacts of this directive are to industries, including ski companies and federal land ranching — stressing the importance of these water rights and their significance in keeping businesses viable in western communities.

NCBA President and Wyo. rancher Scott George applauded the committee for taking up and passing the bill.

“This legislation is urgent and the committee’s hearing sends an important message to the USFS — holding them accountable and ensuring they cannot abuse water-right holders any further,” George said. “Ultimately, the USFS directive and similar actions could put a lot of folks out of business. Committee passage of this legislation is a step in the right direction for Congress and serves as an opportunity for them to protect private property rights for the livestock industry.”

Both Lee and George urge the House to move H.R. 3189 to the floor for swift passage and for the Senate to take the bill up without delay.

PLC has represented livestock ranchers who use public lands since 1968, preserving the natural resources and unique heritage of the West. Ranchers who utilize public lands own nearly 120 million acres of the most productive private land and manage vast areas of public land, accounting for critical wildlife habitat and the nation’s natural resources. PLC works to maintain a stable business environment in which livestock producers can conserve the West and feed the nation and world.

Preventing a Federal Water Grab: H.R. 3189 the Water Rights Protection Act (WRPA)

Rachel Abeh

Rachel Abeh

Written by Rachel Abeh

The Public Lands Council (PLC) hails the house for their work on H.R. 3189 the Water Rights Protection Act (WRPA). The bipartisan bill was introduced in early October by Congressman Scott Tipton (R-Colo.) and co-sponsors, Mark Amodei (R-Nev.), Rob Bishop (R-Utah), Tom McClintock (R-Calif.), and Jared Polis (D-Colo.).

The legislation was developed to protect water rights from a recent directive by the U.S. Forest Service (USFS) allowing them to potentially take water rights from private entities that are using water on federal lands. The USFS is attempting to acquire water rights for the federal government as a condition of issuing standard land use permits. The Forest Service has failed to provide just compensation; however –a violation of the Fifth Amendment.

On October 10, 2013 the House Subcommittee on Water and Power held a hearing on the bill, inviting a panel of witnesses who testified on the importance of the established state water laws and the impact of this directive on their industries, including ski areas and agriculture. The witnesses stressed the importance of these water rights and the significance of protecting these rights to sustain western businesses and rural communities.

“Once again, the federal government is overstepping its bounds,” said PLC president and Colorado rancher Brice Lee. “The Forest Service is offering special use permits only in exchange for these takes, rather than providing just compensation. Not only does their attempt to seize these rights abuse holders of those rights and prove the disregard USFS has for the individuals that rely on these permits; further, they are blatantly ignoring state sovereignty in governing water law. The level of bureaucracy we have seen with this directive is reminiscent of the Environmental Protection Agency’s work –it is both overreaching and incredibly damaging for the individuals impacted.”

H.R. 3189 would prohibit the Secretary of the Interior and the Secretary of Agriculture from, wrongfully transferring water rights from private to federal hands. Additionally, the bill supports deep-rooted state water laws, clarifying water rights are unique to sates and it is each of the states’ jurisdictions to govern its water law.

Representative Steve Daines has been on-board with the legislation—working to protect Montana producers from this bureaucratic taking. PLC urges swift passage of this important bill, continue to express your support of WRPA by contacting Montana’s Senators to gain their engagement on this issue.

National Public Lands Council Annual Meeting

It’s time to register for 2013 Annual National PLC Meeting! This year’s meeting will be in Deadwood, SD, September 4-7. The meeting will start with a welcome barbecue on Wednesday, Sept. 4, followed by two days of informative meetings and wrap up on Saturday the 7th with an optional bus tour of the Black Hills, including Mt. Rushmore.  This year’s meeting will include presentations from top ranking agency officials from BLM and the Forest Service, legislative and legal issues updates and policy development.

Please consider attending this meeting and become better informed on the issues that affect federal grazing permittees.  For more information or to register, Click here to go to  the Public Lands Council website.  For additional details, contact Jay at the MSGA office.

Montana Rancher Profile: Mannix Brothers Ranch

MSGA’s manager of communications Ariel Overstreet and multimedia intern Lauren Chase interviewed the multi-generational Mannix Family in Helmville, Montana. It takes most of the members of three-brother ranch to gather cattle, operate balers, manage irrigation, prepare meals, and all other ranch tasks. Even though there is always work to be done, David Mannix says that doing it as a family is priceless. This video is brought to you by MSGA’s Research, Education, and Endowment Foundation.

MSGA and Montana Public Lands Council attend PLC Spring Legislative Conference in D.C.

MSGA and the Montana Public Lands Council were in Washington, D.C. early this week for the National Public Lands Council’s (PLC) 2010 Spring Legislative Conference. In attendance were Errol Rice and Jay Bodner from MSGA, along with George Trischman and Johnnie Schultz of the Montana Public Lands Council (MT PLC).

On Monday morning, March 22, Dustin Van Liew, PLC’s new executive director, gave the conference attendees an issues briefing which included the sage grouse decision, Forest Service planning rule, Equal Access to Justice Act (EAJA) legislation and the Clean Water Act. Bob Abbey, Director of the Bureau of Land Management (BLM), spoke to the group about the agency’s renewable energy program, wild horse and burro program, and media efforts to promote the benefits of grazing on federal lands. Dave White, Chief of the Natural Resources Conservation Service (NRCS), discussed the service’s new sage grouse initiative and the Environmental Quality Incentives Program (EQIP). This initiative was put in place to help ranchers address resource issues and help the sage grouse. Pete Obermueller from Representative Cynthia Lummis’ office spoke to the conference about the EAJA legislation Lummis is cosponsoring. H.R. 4717, the “Open EAJA Act of 2010” will direct the Attorney General to issue an annual online report to Congress and the public on the amount of attorney fees and other expenses awarded under the act.

Monday afternoon, the MT PLC delegation met with Bert Frost, Associate Director of Natural Resource Stewardship & Science for the National Park Service, to discuss management of bison in Yellowstone National Park. The delegation also met with Eric Bierwagen, legislative assistant to Congressman Denny Rehberg, asking the Congressman to support the EAJA legislation and discussing the proposed monument designations and wilderness legislation. Then the PLC conference met at the Capitol Visitor Center with Senators Jon Kyl and John McCain, where a variety of issues from health care to federal land management issues were discussed. Late Monday afternoon, the MT PLC group met with Joel Holtrop, Deputy Chief, National Forest System, U.S. Department of Agriculture, to discuss potential impacts to grazing permits under the proposed wilderness designation and the group’s concern about the potential use of eminent domain to gain access to forest service land in Montana.

On Tuesday, March 23, Michael Bean, Counselor to the Assistant Secretary of Fish and Wildlife Services, talked to the PLC conference attendees about Endangered Species Issues, specifically looking for ideas and suggestions in ways to improve the Endangered Species Act through policies and rules. Then there was a Forest Service and BLM Issues Discussion featuring Rob Roudabush, Chief of the Division of Rangeland Resources for BLM; Bob Bolton, Range Specialist for BLM; and Ralph Giffen, Assistant Director of Rangelands Management for the Forest Service. The three agency officials provided information on how range improvement funds are distributed and what projects they include. The conference also heard updates from the American Sheep Industry and the National Cattlemen’s Beef Association. Tuesday afternoon, the Montana group met with David Cobb, Senator Baucus’ legislative assistant for agriculture. The MT PLC also met with NRCS Chief, Dave White, to further discuss the sage grouse initiative, EQIP practices on water and CAFOs, and improving working relationships with other agencies.

On Wednesday morning, the MT PLC delegation attended the Montana Constituent Coffee hosted by Senators Baucus and Tester. Then the Montana delegation met with Senator Baucus where they discussed EAJA legislation and the death tax. That rounded out the conference and meeting schedule for the MT PLC delegation.

Unique Partnership Promotes Conservation through Ranching

PLC – A group of respected ranching and conservation organizations have come together to form a unique broad based coalition to enhance ranching practices that consider important conservation issues throughout the West. The Coalition for Conservation through Ranchingis a new multi-stakeholder partnership between national conservation-minded groups that share an interest in promoting open space for ranching and healthy landscapes. The recently signed agreement marks the beginning of the unique relationship. Steering committee members of the coalition include the Public Lands Council (PLC), the National Cattlemen’s Beef Association (NCBA), National Association of Conservation Districts (NACD), Environmental Defense Fund (EDF), Family Farm Alliance (FFA) and the World Wildlife Fund (WWF). Other organizations that have joined the coalition at this time are the American Farmland Trust, the American Forage and Grassland Council, the California Farm Bureau Federation, the Society for Rangeland Management, the Wild Sheep Foundation, and the Wilderness Society. The Bureau of Land Management serves as an advisor to the group.

“Cherished iconic western landscapes depend upon productive partnerships between ranchers and conservationists. The Coalition for Conservation through Ranching will promote solutions that will keep western landscapes healthy and in the process benefit working ranches, wildlife and other natural resources,” says Dan Grossman, Rocky Mountain Regional Director, EDF.

“Intact working ranches that are managed with wildlife in mind can help support habitat for grassland birds, mammals, and fish, all of which face uncertain prospects without the large spaces they need to survive. By working together we can encourage ranching practices that ensure the preservation of wildlife, and develop incentives that help ranchers to do so,” says Martha Kauffman, Managing Director WWF Northern Great Plains Program.

The coalition formed by six leading ranching and conservation organizations will support ranching on public and private lands in the West that is conducted in an ecologically sustainable way. “Maintaining a sustainable business environment and keeping ranchers on public lands allows our Western landscapes to remain open for wildlife habitat and recreational use and also provides for conservation efforts that might not otherwise occur,” says Skye Krebs, President of PLC and rancher from Ione, Oregon. “Together, the members of this coalition share a common interest in supporting working ranches and healthy landscapes.”

“As cattlemen, we rely on healthy land to produce healthy livestock. And one of the biggest gauges we can use to judge the health of our land is the co-existence of wildlife alongside of our livestock,” said Gary Voogt, NCBA president and rancher from Marne, Mich. “America’s farmers and ranchers are always looking for ways to increase efficiencies and build upon existing stewardship practices to keep our land and animals healthy and continue providing safe, high-quality food for America’s families. By bringing together leaders from industry and the environmental community, we can help further these goals in a way that benefits our nation’s land, animals and citizens.”

This collaborative conservation effort will provide for a more efficient use of resources, increased outreach opportunities, and a holistic approach to problem solving. It will also help to increase the understanding of complex issues between ranching and conservation and provide a forum to discuss the interaction between natural resource management and ranching.

“Conservation districts-located in nearly every county across the nation-address natural resource issues on a local level,” says NACD President Steve Robinson. “NACD is eager to collaborate with private landowners, government officials and members of this newly-formed Coalition to ensure that the health of our public and private lands is maintained and improved.”

The coalition will work on common ground issues which may include a pro-grasslands agenda, including grassland research projects, specific species conservation projects, and climate change including raising the awareness of the important role of grasslands on carbon sequestration, as well as other issues of common interest.

Montana and national livestock groups denounce “cash-for-grass” pitch by wildlife groups

Today the Montana Stockgrowers Association (MSGA), Montana Public Lands Council (MPLC), Montana Association of Grazing Districts (MASGD) and the national Public Lands Council (PLC) denounced an effort by the World Wildlife Fund (WWF) and National Wildlife Federation (NWF) to buy out ranchers’ grazing leases on the Charles M. Russell National Wildlife Refuge (CMR) in south Phillips County, Mont., to reduce supposed conflicts between livestock grazing and conservation of sage grouse and elk on the refuge.

“As many of our members in south Phillips County have shown on their own ranches, as well as on their leases; livestock grazing and conservation of native grassland species work best hand-in-hand.” said Errol Rice, executive vice president of MSGA.

Earlier this week, MSGA and many of its members received a letter from the WWF and the NWF declaring their intentions to offer ranchers cash payments for voluntarily relinquishing their entitled grazing permits on the CMR. The letter stated that the payment system would present permit holders an opportunity to “pasture their livestock in places that have greater long-term grazing stability.” The letter also states that this so-called solution will “facilitate alternative grazing that can result in less conflict.” Both of these statements imply that the permit holders will face losing their permits one way or another in the future. This letter was sent despite efforts by livestock groups to foster collaborative incentive based partnerships between north central Montana ranchers and conservationists.

“The approach proposed by WWF and NWF is neither constructive nor mutually beneficial, as they have purported,” Rice said. “It is an intrusive approach that is really a giant step backwards in finding ways for agriculture and wildlife groups to work together.”

WWF and NWF claim that this approach has worked before for wildlife and livestock conflicts in the area surrounding Yellowstone National Parks, but those conflicts were with predators such as grizzly bears and wolves. The wildlife they are concerned about on the CMR, specifically sage grouse and elk, can live in harmony with cattle grazing.

WWF has highlighted the CMR and surrounding area as one of the last intact grasslands in the Northern Great Plains, with unique opportunities for conservation.

“These grasslands are intact and in good condition because ranchers have been working so hard to take care of the land here for multiple generations,” said former MSGA board member, Lesley Robinson, a south Phillips County rancher whose family holds a CMR permit. “This approach is nothing less than a slap in the face for the ranchers here who have continually demonstrated that they value native wildlife and are willing to go above and beyond the call of duty to protect the important grassland species.”

Many of the ranchers in south Phillips County are involved in programs that emphasize conservation efforts. Seventeen ranchers in the area are certified by Undaunted Stewardship®, a cooperative program between MSGA, Montana State University and the Bureau of Land Management (BLM) that works to improve and certify the quality of stewardship practices on rangeland in Montana. Today, over one million deeded, private lease, BLM, Bureau of Indian Affairs, Forest Service and state-owned acres are managed to meet standards set by the Undaunted Stewardship® program. Three ranchers in the area have been awarded MSGA’s Montana Environmental Stewardship Award; with two winning regional honors in the National Environmental Stewardship Award. Many ranchers are involved with Ranchers Stewardship Alliance whose mission is to “promote the ecological, social and economic conditions that will sustain the biodiversity and integrity of America’s northern mixed-grass prairie for present and future generations.” Others are involved with the Matador Grassbank, a program that allows ranchers to graze on the Nature Conservancy’s Matador Ranch in exchange for conservation practices on their home ranches.

“A truly constructive solution in the CMR would seek balance,” Rice said. “Removing livestock from public lands is not a ‘good faith approach’ in this case. To meet conservation objectives while also meeting producer concerns, WWF and NWF should work to build a dialogue with ranchers to find mutually beneficial solutions.”

Montana Public Lands Council Update

by Jay Bodner, MSGA Natural Resource Director

Due to your support, the Montana Public Lands Council (MPLC) has been active this past year defending your grazing rights on federal lands. It is only through your valuable contributions that our organization has been successful at protecting your rights at the state and national levels.

This summer, MPLC collected and submitted data to the U.S. Fish and Wildlife Service to prevent sage grouse from being listed under the Endangered Species Act and intervened in the lawsuit trying to overturn the delisting of the grizzly bear in the Yellowstone area. (more…)