August 1, 2014 Comments are off Montana Stockgrowers Association
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FWP Bison Discussion Group Meeting Held in Billings

Jay BodnerBy Jay Bodner, MSGA Director of Natural Resources

MSGA attended and participated in the latest Bison Discussion Group, convened by MT Fish, Wildlife & Parks.  The meeting was held in July 14-15 in Billings, MT.  The discussion group included various interests such as agriculture, sportsmen, bison advocates and legislators.  This was the second meeting held by MT Fish, Wildlife & Parks to discuss the development of an Environmental Impact Study (EIS) that would consider a range of alternatives to bison reintroduction.

The first day of the meeting included a public comment period, where ranchers were well represented and made it very clear there would be no support for free roaming bison in MT.  In addition, there were also concerns over containment, meeting population objectives, displacement of grazing, range conditions and the significant funding that would be required.

The group was then divided into smaller groups to help develop a list of possible alternatives that would be further evaluated by FWP as it develops the EIS.  The alternatives consisted of a: tribal/state partnership, private/public partnership, placement on federal lands and a no action alternative that continue current bison management activities.  While many of these alternatives have been discussed, one alternative discussed the formation of a “citizen management committee” that would have actual authority to make management decisions.  This type of committee would most likely require legislation action.

The final task of the group members was to consider what type of funding options might be available.  Many of the members discussed the challenges with adequate long and short term funding and also the funding requirement in state law (SB 212).

At the conclusion, Mike Volesky, Chief of Staff for FWP, stated the Department would take the materials developed by the group and continue working on the EIS.  He stated the schedule of the EIS would be to develop a comprehensive plan by the fall or winter, hold a 90-day comment period and finalize the document by next spring.  The group discussed the possibility of meeting again to review the draft document, but no decisions were finalized.

MSGA will continue to update members on this important topic and would like to thank those members that participated in the discussion and those that traveled to attend and provide public comments. Provide your feedback on the Bison Management Plans to the Stockgrowers Association and join us during the Policy Committee Meetings at Annual Convention in December. Email [email protected] or call (406) 442-3420.

July 30, 2014 Comments are off Montana Stockgrowers Association
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House Passes Bill to Modernize Endangered Species Act

PLC LogoWASHINGTON (Public Lands Council) – Today, the House passed H.R. 4315 the Endangered Species Transparency and Reasonableness Act by a vote of 233 to 190. The Public Lands Council and National Cattlemen’s Beef Association strongly support the legislation, which combines four bills previously marked up by the House Natural Resources Committee, and will be beneficial to updating and improving the Endangered Species Act of 1973.

“The ESA, while designed to protect species from endangerment of extinction, has proven to be ineffective and immensely damaging to our members’ ability to stay in business,” said Brice Lee, PLC president and Colorado rancher. “During the nearly 40 years since the ESA was passed and over 25 years since Congress last reauthorized the law, our industry has come to recognize the Act as greatly flawed and outdated. Less than two percent of species placed on the endangered species list have ever been deemed recovered.”

H.R. 4315 will require data used by federal agencies for ESA listing and proposed listing decisions to be made publicly available and accessible. The bill also requires the Interior Secretary to report and comprehensively track all litigation costs associated with the Act. Furthermore, the bill caps hourly fees paid to attorneys that prevail in cases filed under ESA, consistent with current law.

“Environmental activist groups have a habit of suing the federal government to force the listing of a species, then suing to prevent species delisting, even after recovery goals have been met,” said Bob McCan, NCBA president. “Their legal expenses are often reimbursed by the American taxpayer. By comprehensively tracking all costs associated with the ESA and capping the attorney fees, we can limit the incentive those groups have to file suit and keep the federal agencies accountable for the taxpayer dollars being spent.”

Finally, the federal government will be required to disclose to affected states all data used in the ESA decision making process. It also ensures that “best available scientific and commercial data” used by the federal government will include data provided by affected states, tribes, and local governments.

“The ESA has not been reauthorized since 1988, and is in great need of modernization,” said McCan. “While not a complete fix, this piece of legislation takes some of the necessary steps to repairing this broken law.”

United States Department of Agriculture
July 25, 2014 Comments are off Montana Stockgrowers Association
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USDA Reminds Farmers of 2014 Farm Bill Conservation Compliance Changes

WASHINGTON — Agriculture Secretary Tom Vilsack today reminded producers that changes mandated through the 2014 Farm Bill require them to have on file a Highly Erodible Land Conservation and Wetland Conservation Certification (AD-1026). The Farm Bill relinked highly erodible land conservation and wetland conservation compliance with eligibility for premium support paid under the federal crop insurance program.

“It’s important that farmers and ranchers taking the right steps to conserve valuable farm and natural resources have completed AD-1026 forms on file at their local Farm Service Agency (FSA) office,” said Vilsack. “This will ensure they remain eligible for crop insurance support.”

For farmers to be eligible for premium support on their federal crop insurance, a completed and signed AD-1026 form must be on file with the FSA. Since many FSA and Natural Resource Conservation (NRCS) programs have this requirement, most producers should already have an AD-1026 on file. If producers have not filed, they must do so by June 1, 2015.

When a farmer completes the AD-1026, FSA and NRCS staff will outline any additional actions that may be required for compliance with the provisions. The Risk Management Agency, through the Federal Crop Insurance Corporation (FCIC), manages the federal crop insurance program that provides the modern farm safety net for American farmers and ranchers.

Since enactment of the 1985 Farm Bill, eligibility for most commodity, disaster, and conservation programs has been linked to compliance with the highly erodible land conservation and wetland conservation provisions. The 2014 Farm Bill continues the requirement that producers adhere to conservation compliance guidelines to be eligible for most programs administered by FSA and NRCS. This includes the new price and revenue protection programs, the Conservation Reserve Program, the Livestock Disaster Assistance programs and Marketing Assistance Loans implemented by FSA. It also includes the Environmental Quality Incentives Program, the Conservation Stewardship Program, and other conservation programs.

FSA recently released a revised form AD-1026, which is available at USDA Service Centers and online at: www.fsa.usda.gov . USDA will publish a rule later this year that will provide details outlining the connection of conservation compliance with crop insurance premium support.  Producers can also contact their local USDA Service Center for information.  A listing of service center locations is available at www.nrcs.usda.gov/wps/portal/nrcs/main/national/contact/local/.

July 17, 2014 Comments are off Montana Stockgrowers Association
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Federal Spending Bill Includes Important Provisions for Producers

Public Lands Council Logo(The following is a Press Release from the National Public Lands Council) – The House Interior appropriations bill passed through committee, on July 15th, by a vote of 29 to 19. The Public Lands Council and the National Cattlemen’s Beef Association strongly support the bill, which allocates how federal dollars are spent for the Department of Interior, Environmental Protection Agency, and related agencies during fiscal year 2015. The bill included language that would help provide relief from the regulatory burdens that continue to hamper the productivity and profitability of farmers and ranchers across the country.

From language that blocks the listing of the Sage Grouse, to requiring alternative allotments where ranchers are impacted by drought or wildfire without the need to complete extensive environmental analyses and many others, Dustin Van Liew, PLC and NCBA federal lands executive director, said the provisions are important to keeping livestock producers in business.

Included in the bill is a permanent extension of grazing rider, which will allow livestock grazing to continue while the renewal process is held up through the National Environmental Policy Act analysis backlog. Often requiring multiple environmental analyses and time for public comments to be submitted when no changes are being made on the ground, the NEPA process can disrupt ranching operations indefinitely with little, if any, environmental benefit. The bill also includes a provision to extend grazing permit terms to 20 years, as opposed to the current 10-year term.

“These two provisions are vital to the agencies, allowing them the flexibility they need to continue managing the resource and processing permits,” Van Liew said. “Additionally, extending grazing permits from 10 to 20 years adds significantly to the certainty ranchers need to run successful businesses. We applaud the appropriations committee for supporting the primary language from the Grazing Improvement Act and urge the full House and Senate to pass this bill without delay.”

Van Liew added that due to a closed-door settlement between United States Fish and Wildlife Service and radical environmental groups, arbitrary deadlines have been set for making hundreds of decisions on species in all fifty states to be listed under the Endangered Species Act.

“Rather than embracing the research-backed benefits of grazing and giving time for state Sage Grouse management plans to take effect, the FWS has begun to make arbitrary decisions to cut and reduce livestock grazing on public lands,” said Van Liew. “One of those species is the Sage Grouse, whose habitat covers 11 western states, an area where ranchers are currently providing open space and improving the bird’s habitat and reducing the number-one threat to the bird – wildfire.”

Ashley McDonald, NCBA environmental counsel, commended lawmakers for including language that would help reign in the EPA’s attempt to control even more land and water on private property.

“Cattle producers have grave concerns over EPA and Corps of Engineers’ proposed expansion of the Clean Water Act,” said McDonald. “We applaud the members of the committee for sending the Interior appropriations bill forward with language that would prevent the agencies from finalizing this regulation, which we see as the largest federal land grab in history.”

Additionally, she said, the bill will prevent the EPA from requiring livestock operations to report their greenhouse gas emissions, and also prevent the agency from requiring livestock operations to get GHG permits. Furthermore, it prevents the EPA from disclosing the private and confidential information of livestock producers to the public.

“This bill provides needed safeguards for the privacy and property rights of America’s cattle producers that the federal agencies refuse to recognize and respect,” McDonald summarized.

July 7, 2014 Comments are off Montana Stockgrowers Association
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Montana Water Policy Updates – Ditches, CSKT, Adjudication and More

Montana water ranching updatesThe following update is taken from our Land Use & Environment Committee meetings during Mid Year in Miles City last month, courtesy of Krista Lee Evans, Blake Creek Project Management. Krista was generous enough to provide our members an update via video conference using Google’s Hangout On Air product. Our ranchers were able to see and listen to Krista’s update even though she wasn’t able to physically be in Miles City with us. It’s great to see ranchers embracing technology, which allows us to open more doors for better communication.

Listen to Krista’s presentation and a following Q&A session on the podcast at the end of this post.

Ditches – Rep Connell is continuing to push for a change in ditch rights.  This issue was in front of the Water Policy Interim Committee as HJ 26.  A recent Colorado Supreme Court decision was discussed in detail. The decision provided for a three-pronged test that if met a property owner could move a ditch with consent of the ditch easement owner.  AGAI and Montana Water Resources Association both opposed the approach of trying to “balance the property rights” due to the fact that as dominant estate owners, we have purchased the easement right and there should be no “balancing”.  I also suggested that if property owners do not want a ditch on their property then they should buy unencumbered property.

CSKT – CSKT has filed a lawsuit in federal district court stating that they not only own the water rights for the water going through the reservation but they own the water.  This will be a significant issue in the court and we need to pay attention.  There are some interested in continuing negotiations with the tribe but there are others that are unwilling to continue negotiations.  The tribe has stated publically that they would still move forward with the negotiated compact but they are not willing to make significant changes (other than dealing with the management of the irrigation project).

The water policy interim committee has created a work group to review the model used during negotiations.  The work group will report back to WPIC with any questions, concerns, or suggestions.

Adjudication Funding – The Water Court and DNRC came to the Environmental Quality Council meeting outlining the future of the adjudication.  The examination is done.  This is a huge accomplishment and was completed a year ahead of the statutory deadline.  The Water Court did issue an order for reexamination of the verified basins.  In order to complete the adjudication through the first decree phase in all basins as well as decree enforcement support from the DNRC to the Water Court additional funding will be needed.  The two entities are going to request $14.6 Million.  They did not disclose where they want to get the money.

State Water Plan – Different basins have put together their proposals based on different interest groups input.  As this comes into a final statewide plan, we need to be fully engaged.  There are significant suggestions in these various basin plans including:

  1. Having a professional staff of water commissioners that are under the control of the water court or DNRC.
  2. Requiring water quality monitoring at all stream gauging stations.
  3. Requiring a minimum instream flow
  4. Requiring statewide measurement devices.
  5. Prioritizing the types of beneficial uses.
  6. Requiring a change of use to go from flood to sprinkler.

Water Court Role – The Water Court is having multiple discussions across the state discussing expanding the role of the water court.  Expansions being discussed include having the water court handle all appeals from DNRC rather than the district court, having all water commissioners managed by the water court, and multiple other items.  I would suggest that the water court needs to finish its existing job of completing the adjudication before it takes on any additional responsibilities.

For more information about how MSGA represents Montana ranchers on water policy issues, please contact our Director of Natural Resources, Jay Bodner, at [email protected].

June 23, 2014 Comments are off Montana Stockgrowers Association
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Comment Period Opens on DSA Boundary Adjustment; Public Meeting Set for July 2

DSA-map2_closeupPublic comment on expanding the state’s Designated Surveillance Area (DSA) for brucellosis to include a 365-square mile chunk of land between Norris and Three Forks (see map) opened late last week.

The Montana Board of Livestock at its last meeting approved putting the proposal out for review after learning that 10 of 60 elk in the corresponding elk hunting district (HD311) recently tested positive for exposure to brucellosis. State veterinarian Dr. Marty Zaluski said brucellosis-positive elk were not previously known to exist in the area, which is home to about 50 cattle producers and 12,000 head of cattle.

Created in 2010 with extensive input from the livestock industry and USDA-APHIS, the four-county (Beaverhead, Gallatin, Madison and Park) DSA is designed to prevent the spread of brucellosis and protect the marketability of Montana cattle. Cattle within the DSA are subject to additional testing, vaccination and identification requirements.

If approved, the boundary adjustment would be the third since the DSA was implemented in January 2010. Other adjustments occurred when brucellosis-positive elk where found in 2011 and 2012 on the western edge of the DSA in Beaverhead County.

The department will host a public meeting at 10 a.m. on July 2 at Headwaters Livestock Auction in Three Forks to discuss the proposal. Public comment will be accepted at the meeting, or can be submitted via email at [email protected] or via US postal mail at Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001.

The public comment period closes July 12.

National Association of Counties
May 29, 2014 Comments are off Montana Stockgrowers Association
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Montana’s Lesley Robinson Chosen President of Western Counties Group

Commissioner Lesley Robinson, Phillips County, Mont., National Association of Countieswas sworn in on May 23 as president of the Western Interstate Region (WIR), a caucus affiliated with the National Association of Counties (NACo). During her swearing-in at NACo’s WIR conference in Anchorage Municipality, Alaska, Robinson spoke of her commitment to be a strong voice for Western county policy priorities at the federal level. Lesley and her her husband, Jim, are ranchers in Dodson area and long-time active members of the Montana Stockgrowers Association and Montana Public Lands Council.

“As president of NACo’s Western Interstate Region, I will help shape federal policies that directly affect Phillips County and other counties across the country,” said Robinson. “With critical legislative and regulatory issues being debated in the nation’s capital, I want to make sure Western voices are heard loud and clear.”

Top WIR issues include reauthorizing MAP-21, the surface transportation bill; securing long-term funding solutions for counties through the Payment in Lieu of Taxes (PILT) and Secure Rural Schools (SRS) programs; and amplifying county voices on the newly-proposed definition of “waters of the U.S.” and endangered species act legislation.

Robinson’s swearing-in took place at the conclusion of the annual WIR conference where hundreds of county officials gathered to discuss and address issues particularly important to local communities. For more information about WIR, visit: http://www.naco.org/legislation/policies/Pages/WIR.aspx.

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The National Association of Counties (NACo) is the only national organization that represents county governments in the United States.  Founded in 1935, NACo assists America’s 3,069 counties in pursuing excellence in public service to produce healthy, vibrant, safe and resilient counties.  NACo promotes sound public policies, fosters county solutions and innovation, promotes intergovernmental and public-private collaboration and provides value-added services to save counties and taxpayers money. More information at: www.naco.org.
The Western Interstate Region (WIR) is affiliated with NACo and dedicated to the promotion of Western interests within NACo. These interests include public land issues (use and conservation), community stability and economic development and the promotion of the traditional Western way of life. WIR’s membership consists of fifteen Western states: Alaska, Hawaii, Wash., Ore., Calif., Idaho, Nev., Ariz., Mont., Wyo., Colo., N.M., Utah, N.D., S.D. 
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May 22, 2014 Comments are off Montana Stockgrowers Association
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Board of Livestock Indefinitely Tables Action on Bison Environmental Assessment

Montana Department of Livestock DOLThis week the Board of Livestock met in Helena for their May meeting. One of the major items on the agenda was to review proposals from Fish, Wildlife and Parks (FWP) and the Department of Livestock (DOL) on an Environmental Assessment that would allow more tolerance of Yellowstone bison on its western boundary.

Click here to listen to this podcast on SoundCloud.

Since the beginning of the Bison Environmental Assessment, MSGA has submitted extensive written comments supporting a no action alternative. The Board of Livestock (BOL), during its three previous meetings in January, March and now May, have also discussed this Environmental Assessment in great detail. In particular, there was an addendum to the EA, which allowed for a population objective that would trigger whether or not Yellowstone bison could come into the state of Montana.

We were very pleased today that the BOL voted unanimously to table indefinitely the subject of the bison EA. While MSGA was very grateful that the DOL, FWP and the Governor’s office were very transparent and allowed us to have adequate input into this proposal and hear our suggestions quite seriously, we still are not able to support the proposal as it was written.

MSGA has continued a close working relationship with the DOL on issues that are important to ranchers across the state of Montana. Moving forward we will be working with the state agencies on a future IBMP plan and encourage ranchers across the state to work with MSGA to provide their input.

Brucellosis in the state of Montana is not going to go away anytime soon. The big call to action for the ranching community and the members of MSGA is to think critically about how to manage the complexity of this issue of brucellosis as it persists in Yellowstone bison, migratory elk, and how it affects our ability to raise commercial cattle in southwestern Montana.

In the next several months and years to come, the state of Montana is going to be engaging in a full-fledged Environmental Impact Statement (EIS) to rewrite the Interagency Bison Management Plan (IBMP) from its current version, which was adopted in 2000. Under this process, Governor Bullock and the administration will be taking the lead on what the inputs to this plan will look like from the state of Montana’s perspective. MSGA certainly looks forward to engaging proactively in the process and getting input from our stakeholders at all levels so that we can provide credible information into how to best develop a management plan or bison as relates to the state of Montana.

One of the most immediate and best ways to engage in this conversation is to attend MSGA committee meetings, in particular our Cattle Health subcommittee, which will be meeting in Miles City on June 14. Our team will be having a very comprehensive discussion about brucellosis in bison and elk, as well as our own designated surveillance area for the state of Montana. Ranchers may also send or e-mail your comments to MSGA office and let us know your thoughts on how we can best develop a more comprehensive management plan for the state of Montana at all levels of the brucellosis debate.

For more information on attending our June policy meetings, you can go to the website, mtbeef.org, and find details on our Mid Year meeting in Miles City. We can also be reached by phone at (406) 442-3420.

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National Cattlemens Beef USA logo
May 7, 2014 Comments are off Montana Stockgrowers Association
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NCBA and PLC Support the Modernization of Endangered Species Act

National Cattlemens Beef USA logo(via NCBA Beltway Beef) The Endangered Species Act has become one of the most economically damaging laws facing our nation’s livestock producers. When species are listed as “threatened” or “endangered” under the ESA,the resulting use-restrictions placed on land and water, the two resources upon which ranchers depend for their livelihoods, are crippling.The ESA has not been reauthorized since 1988 and is in great need of modernization.

The National Cattlemen’s Bee Association and the Public Lands Council support all attempts to modernize and streamline the ESA and have provided several recommendations to Congress. The House of Representatives Endangered Species Act Congressional Working Group released a report in February 2014 which gave several recommendations for ESA improvements.The report concludes that the ESA “while well-intentioned from the beginning,must be updated and modernized to ensure its success where it matters most: outside of the courtroom and on-the-ground. ”The working groups’ recommendations echo our organizations’ recommendations.

NCBA and PLC submitted a letter of support this week for four bills that are a direct result of the findings that are covered in the working groups’report.

H.R.4315, the 21st Century Endangered Species Transparency Act introduced by Representative Doc Hastings (R-WA),requires data used by federal agencies for ESA listing decisions (including proposed listings) to be made publicly available and accessible through the Internet. The public should be able to see the information that their government is using to make listing decisions that ultimately affect everyone.

H.R.4316, the Endangered Species Recovery Transparency Act introduced by Representative Cynthia Lummis (R-WY), requires the Interior Secretary to report and comprehensively track ESA litigation costs, including attorneys’ fees, and post it on the internet. We must hold people accountable for the monetary resources,taxpayer money that is spent.

H.R.4317 the State, Tribaland Local Species Transparency and Recovery Act introduced by Representative Randy Neugebauer (R-TX),requires the federal government to disclose to affected states all data used in ESA prior to any listing or proposed listing decision. It also ensures that “best available scientific and commercial data” used by the federal government will include data provided by affected states, tribes,and local governments.

H.R.4318, the Endangered Species Litigation Reasonableness Act introduced by Representative Bill Huizenga (R-MI),caps hourly fees paid to attorneys that prevail in cases filed under ESA, consistent with current law under the Equal Access to Justice Act.Currently, no cap on attorney fees exists under the ESA allowing attorneys to be awarded massive sums of taxpayer money.

The ESA,while designed to protect species from endangerment of extinction, has proven itself o be ineffective and immensely damaging to our members’ ability to stay in business. Less than two percent of species placed on the endangered list have ever been deemed recovered.

Environmental activist groups’ list-and-litigate routine costs not just producers, but taxpayers, as well.These groups have a habit of suing the federal government to force the listing of a species,then suing to prevent species delisting—even after recovery goals have been met.Their legal expenses are often reimbursed by the American taxpayer. It is no small wonder when environmental radicals can keep themselves well-funded by a seemingly endless stream of taxpayer dollars that so many species have been listed and so few have been delisted. While not a complete fix, these four bills take some of the necessary steps to repairing this broken law.

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May 2, 2014 Comments are off Montana Stockgrowers Association
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Judith Basin Range School | May 22 in Stanford

A Range School Unlike Any Other… Creating Choice and the Ability to Choose

May 22nd , 2014 | Harley & Gordon Hughes, Hughes Livestock Co. | South of Stanford

A time to learn, think about opportunities, and understand the options.

Montana Conservation DistrictsJoin us for a daylong, hands-on, and interactive seminar with Greg Simonds and Jeff Goebel. For 30 years Mr. Simonds has managed, owned and consulted ranches whose mission was earn a profit while improving the natural resources.

Many of us have heard speakers give presentations on rotational grazing, intensive grazing, range monitoring, and improving the land. These principles are not new, and many of our ranches have been practicing these for generations. Have you ever attended a talk and thought “I’d like to try that” or “that just might improve my place”, but then go home only to attend to daily tasks and never implement the change?

Most of us definitely don’t lack the knowledge to change, so why don’t we make the changes? What is holding us back? We are all tied to the land we work, mentally, emotionally and financially.

There is so much risk involved when implementing a change, especially in today’s market of production and price risk. Mr. Simonds has experienced and overcome many of these challenges during his 30 years of managing ranches. Join us as we hash out how to create choices and the ability to choose at the 2014 Range School.

Event Details

  • 9:00 a.m. -Registration
  • 9:15-12:30 Rotating Pastures, Changing Minds
  • 12-30-1:30 –Lunch Sponsored by: Basin State Bank
  • 1:30-3:00 –Stepping Out of the Box, But not into ****!
  • 3:00 – 5:00- Pasture Walk
  • 5:30- Steak Dinner Sponsored by: Judith Basin Conservation District

Topics of Discussion will include:

  • How do you make changes? trouble?
  • How do you direct future operations of the ranch based on things you values?
  • How do you get out of day to day tasks to see the bigger picture?
  • How do you create a grazing plan when resources are limited and country is tough?
  • How do you match cattle to the environment?

Meet Jeff Goebel

With over thirty years of national and international successes in consensus building, conflict resolution, and visioning for sustainable solutions, Jeff is a leading expert in helping individuals and communities attain their goals and remove the obstacles that lie in their way. Jeff’s career has focused on catalyzing positive change with nonprofits, tribal governments, government agencies, multi‐national corporations, communities, and small family ranchers.

Registration Form

Please Register by May 10th including $10.00 fee. Registration includes: Lunch, Snacks, Drinks and Steak Dinner. Please Name, Address and Telephone to: Judith Basin Conservation District, 121 Central Avenue, Stanford MT 59479 For more information contact the Extension Office at 406-566-2277

USDA & MSU are an equal opportunity provider and employer. NRCS provides reasonable accommodations for all persons with disabilities to participate in NRCS programs and activities. If you require special accommodations, please contact Teresa at 406-566-2311 ext. 107 by May 20, 2014.

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