Landowners have until March 30 to apply for access tax credit program

Landowners have until March 30 to submit applications to Montana Fish, Wildlife, & Parks for enrollment in a new program called Unlocking Public Lands that may qualify a landowner for up to $3,000 in annual tax credits. Through this program, a landowner who enters into a contractual agreement with FWP to allow public recreational access across private land to reach a parcel of otherwise inaccessible state or federal Bureau of Land Management (BLM) or United States Forest Service (USFS) land is entitled to receive a $750 annual tax credit per contract, with a maximum of four contracts per year.

The Unlocking Public Lands program is a product of the 2015 Legislature, which expanded a program called Unlocking State Land passed by the previous legislature. While Montana contains nearly 31 million acres of BLM, USFS, and state land, much of this land requires landowner permission to cross private land to reach the state or federal land.

“Offering a tax credit in exchange for allowing public access across private land to reach public land is a unique and innovative way to increase public access,” said Ken McDonald, FWP wildlife division administrator. “We hope these new opportunities and incentives may appeal to landowners throughout the state.”

More information about the program, including enrollment criteria and the application form, can be found at http://fwp.mt.gov/hunting/hunterAccess/unlockingPublicLands/.

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House Passes Water Rights Protection Act

WASHINGTON – The Public Lands Council and the National Cattlemen’s Beef Association hail the passage of the Water Rights Protection Act (WRPA), H.R. 3189, by the U.S. House of Representatives by a 238 to 174 vote. Introduced by Congressman Scott Tipton (R-Colo.), the legislation reiterates the limits to federal agency jurisdiction of water.

H.R. 3189 comes as a means to combat the Federal Government by way of the United States Forest Service and the Bureau of Land Management from seizing water rights in exchange for land use permits, without just compensation. An issue that arose in a USFS directive applicable to ski areas was seen by industry as an issue that could threaten all water users, including ranchers, as they depend on water rights on public and private land to keep their businesses viable.

“With 40 percent of the western cow herd spending some time on public lands, the ability to have secure water rights is imperative, not only to producers but to the economy,” said NCBA President Bob McCan, a rancher from Victoria, Texas. “This legislation is a commonsense bill that provides certainty to ranchers and leaves water management to the states where it belongs. The federal agencies must be accountable to citizens and the states and cannot, at will, circumvent state water laws at the expense of landowners.”

The legislation will prohibit the Secretary of the Interior and the Secretary of Agriculture from requiring the transfer of water rights without adequate and just compensation. Additionally, the bill supports long-established state water laws, clarifying that the federal government does not have jurisdiction.

“Our members face the same threats as ski companies do—perhaps with more at stake as they are individuals and families depending on these water rights for their livelihood”, said PLC President Brice Lee, a rancher from Hesperus, Colo. “It is important to include all industries that may be impacted, to keep our rural communities thriving. Rep. Tipton’s bill accomplished the purpose of protecting all water right holders, including ranchers.”

PLC and NCBA supported an amendment by Rep. Tipton that made revisions to the legislation which clarified the intent of the bill. We opposed an amendment by Rep. Jared Polis (D-Colo.) that would have severely limited the legislation to become applicable only to ski operations, eliminating the efficacy of the bill for ranchers.

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Senate Committee Passes Grazing Improvement Act

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

WASHINGTON (November 21, 2013) — The Public Lands Council (PLC) and the National Cattlemen’s Beef Association (NCBA) hailed the Senate Committee on Energy and Natural Resources for passage of S. 258, the Grazing Improvement Act of 2013.

The legislation, sponsored by Senator John Barrasso (R-Wyo.) comes as a means to codify existing appropriations language — adding stability and efficiency to the federal grazing permit renewal process. The bill passed by the Committee will extend the term for grazing permits from a minimum of 10 up to 20 years, providing for added permit security. The U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) have consistently — for more than a decade — carried a backlog of grazing permit renewals due to overwhelming and unnecessary National Environmental Protection Agency (NEPA) assessments. This bill provides sole discretion to the Secretaries of Interior and Agriculture to complete the environmental analysis under NEPA while allowing for an analysis to take place at the programmatic level.

“The act is vital for ensuring the fate of our producer’s permits — livelihoods are depending on the efficiency of the system — which undoubtedly needs restructuring,” said Scott George, NCBA president and Wyoming rancher. “Not only will the bill codify the language of the decades old appropriations rider, it will also allow categorical exclusions from NEPA for permits continuing current practices and for crossing and trailing of livestock. Additionally, it will allow for NEPA on a broad scale, reducing paper pushing within the federal agencies.”

The bill that passed was an amendment in the nature of a substitute which included troubling language, creating a pilot program which would allow for limited “voluntary” buyouts. These “voluntary” buyouts are not actually market based, due to outside influence. Where voluntary relinquishment of a rancher’s grazing permit occurs, grazing would be permanently ended. New Mexico and Oregon would be impacted — allowing for up to 25 permits in each state, per year to be “voluntarily” relinquished.

“PLC strongly opposes buyouts — voluntary or otherwise,” said Brice Lee PLC president and Colorado rancher. “Ultimately, buyouts create an issue for the industry due to the wealthy special interest groups who work to remove livestock from public lands. The language in the amendment addresses ‘voluntary’ buyouts; however, radical, anti-grazing agendas are likely at play. Litigation and persistent harassment serve as a way to eliminate grazing on public lands—and could force many ranchers into these ‘voluntary’ relinquishments, unwillingly. There can be no ‘market based solution’ in which any given special interest group is able to ratchet up ranchers’ cost of operation, and artificially create a ‘voluntary’ sale or relinquishment.”

Nevertheless, both Lee and George agree the bill is a strong indication that Senators from both parties recognize the current system is broken and must be fixed to provide stability for grazing permit renewals; despite the buyout language.

“Passage out of committee is a feat in itself — we applaud the efforts of Senator Barrasso and we are hopeful the bill will continue to improve as it advances in the Senate,” George said.

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.