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Comment Opportunities | Rollover Auctions | BLM Appeal Updates | Submitting Comments 101

WHY PUBLIC COMMENTS ARE IMPORTANT – MSGA encourages its members to engage in the public comment process. This is an opportunity for you to be involved in the decision-making process happening within federal and state agencies, to offer your thoughts on alternative ways for an agency to accomplish what it is proposing, to offer your comments on the agency’s analysis of the environmental effects of the proposed action, and possible mitigation of potential harmful effects of such actions.

Check below to view current public comment opportunities.

COMMENT OPPORTUNITIES

NCBA CALL TO ACTION: Sign Letter to Oppose Amendment Attacking Beef Checkoff

NCBA CALL TO ACTION: Sign Letter to Oppose Amendment Attacking Beef Checkoff

Rep. Victoria Spartz of Indiana has introduced a harmful amendment (#113) to the agriculture appropriations bill currently being considered in the House of Representatives. This bill funds the U.S. Department of Agriculture for the next fiscal year.

The Spartz amendment is a direct attack on the Beef Checkoff and is intended to prohibit USDA from carrying out commodity checkoff programs. It is important to note that NO taxpayer dollars are used to implement checkoff programs, but this amendment is a way to open the door to additional animal rights activist-led proposals in the Farm Bill.

Please sign our letter to Congress urging policymakers to vote NO on the harmful Spartz amendment. The House is expected to consider these amendments early next week.

NCBA Launches Tax Survey as Part of Advocacy Efforts

NCBA Launches Tax Survey as Part of Advocacy Efforts

NCBA has launched a nationwide survey of our members and affiliates to learn more about the impact of the estate tax and other business tax provisions on cattle producers. NCBA will conduct the tax survey through the end of 2023 and report the findings at our annual convention in Orlando.

The temporary relief from the estate tax secured in the 2017 Tax Cuts and Jobs Act will go away at the end of 2025, and beginning in 2026, estates valued greater than $5 million (adjusted for inflation) will be subject to the federal estate tax. At that time, many producers will face a greater risk of paying the 40% estate tax. Many of the business tax provisions in the 2017 Tax Cuts and Jobs Act are also set to expire at the end of 2025. Important tools like Section 2032(A) Special Use Valuation, Section 179 Expensing, and Bonus Depreciation are up for grabs.

To protect these important tools, we need your help to gather updated information and personal stories from cattle producers to educate Congress on the importance of these key tax provisions and push back against the scheduled tax hikes.

The survey will be conducted anonymously, and personal information will be kept private.

Take the survey here. 

MSGA Provides Update on Appeal Regarding BLM Allotments

Published October 6, 2023

The marathon appeal filed by Montana Stockgrowers Association (MSGA) in conjunction with North and South Phillips Grazing District continues on. First, we would like to thank you again for your continued support on this effort. The work that has been done to date, would not be possible without the generous contributions we received from donors like you. We would like to take this opportunity to provide you with an update on the appeal. The case is currently in the Department of Interior (DOI) Office of Hearings and Appeals (OHA).

In August, MSGA filed a Motion for Summary Judgment for the OHA to overturn the BLM’s July 28, 2022, Notice of Final Decision authorizing American Prairie (AP) a general permit to graze in several allotments in Phillips County, Montana. We have argued that the Taylor Grazing Act does not permit AP to use BLM allotments as its own private wildlife refuge and that AP has failed to follow the grazing permits that have previously been granted to the organization.

Additionally, MSGA immediately requested a stay of the BLM’s decision to prevent AP from putting bison on the allotments and changing the fences until this entire matter has been settled. OHA denied this request, so bison were allowed to graze the allotments in 2023 and AP has begun electrifying fences. However, MSGA has appealed this denial of the stay to the Interior Board of Land Appeals and hopes to still have a stay put in place.

In September, AP, and BLM both filed cross-motions for summary judgment and oppositions to our Motion for Summary Judgment. AP’s motion argues that the BLM’s final decision was well supported, well-reasoned, and in compliance with the law. The motion attaches a Brief in Support of their motions which included the DNRC Field evaluation, a 2016 Health Assessment Report, AP donation lists, the various grazing permits, and emails between AP and BLM staff regarding actual use reporting, as well as a variety of other supporting documents.

MSGA is in the process of responding to the cross-motions for summary judgment and the briefs opposing our own motions; these responses will be filed by the end of October. AP and BLM will then have one last chance to respond to our comments on their motions, but by the middle of November all briefing will be complete, and it will be up to the OHA judge to determine whether BLM properly awarded the grazing leases to AP.

Thank you for your continued support of this issue. We appreciate your generosity and are thankful we can partner with you to protect Montana’s rural communities and ranching families. We are looking forward to continuing to hear from you as we take the next steps to defend the Taylor Grazing Act and ensure cattle grazing remains on public lands. We will continue to check-in periodically with updates and are happy to answer any questions that you may have. If you would like the Montana Stockgrowers Association to provide an update on this issue at a meeting or event, you can reach out to our office at (406) 442-3420 or email [email protected]

MSGA Files Appeal on BLM’s Final Decision Regarding APR Grazing Allotments

HELENA, Mont. (August 29, 2022) – Montana Stockgrowers Association (MSGA) has filed an appeal on the Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. In partnership with North and South Phillips Grazing Districts and under the counsel of the Budd-Falen Law Offices, LLC, MSGA appealed the recent decision and requested a stay on this decision. 

“Although we have filed the appeal, we still have a long road ahead. We are asking everyone who is concerned about BLM’s favorable decision towards the APR and who is passionate about public land grazing, holding federal agencies accountable, and protecting and conserving Montana’s iconic open spaces to please consider donating to our advocacy fund,” asked Jim Steinbeisser, MSGA President. “We are fighting for all Montana ranchers, our rural communities, and for the legacy of ranching in the American West.”

Donations can be made at www.protectopenspaces.com. The MSGA Advocacy Fund allows for a collective voice for cattle ranchers advocating for change and accountability at the state and federal levels. MSGA’s Advocacy Fund supports issues like promoting the benefits of cattle grazing, protecting cattle grazing on public lands, and holding state and federal agencies accountable.

American Prairie’s American Serengeti concept is a threat to the grassland ecosystem, rural communities, and Montana’s cattle industry. MSGA is calling for all who are passionate about the protection and stewardship of Montana’s lands, heritage, and legacy to please consider supporting this cause at www.protectopenspaces.com.

Donate to MSGA's Advocacy Fund
MSGA & North and South Phillips Co. Grazing District's Appeal
Governor's Office Appeal
Attorney General's Office Appeal

BLM’S FINAL EA ON AMERICAN PRAIRIE RESERVE CHANGE APPLICATION FOR BISON

MSGA Rejects BLM’s Final Decision Regarding APR Grazing Allotments

HELENA, Mont. (July 28, 2022) – Montana Stockgrowers Association (MSGA) concerns and member protests were not addressed before the release of the final decision for the American Prairie Reserve Change Application for bison on seven grazing allotments.
“To say we are disappointed with the final decision would be an understatement. Ranchers have worked diligently for over a century caring for the public land livestock graze. Ranchers are held to the highest standards by federal land agencies in the areas of range management, range monitoring, range improvements, and processes within the BLM’s grazing regulations, yet when concerns were raised regarding these areas in comments and protests, BLM did not acknowledge these concerns.”
MSGA President, Jim Steinbeisser

Montana Public Lands Council Says BLM Has Failed To Protect The Land In APR Grazing Allotment Decision

HELENA, Mont. (July 29, 2022) – Today, Montana Public Lands Council (MPLC) Chair, Vicki Olson, issued the following statement regarding the Bureau of Land Management’s (BLM) final decision for the American Prairie change for bison on seven grazing allotments:

“As the state’s largest organization representing individuals who graze on public lands, the final decision issued by the BLM is a failure to our public lands system. We feel this final decision did not take into account the additional vetting and analysis needed to make a proper decision and the rangeland will be the ultimate victim. Past experience has proven bison graze differently than cattle, yet that was not considered in this decision.

Read BLM's Final Decision

BLM’S DRAFT EA ON AMERICAN PRAIRIE RESERVE CHANGE APPLICATION FOR BISON

Background

On Sept. 24, 2019, the American Prairie Reserve (APR) submitted a proposal (an update to their earlier proposal submitted on Nov. 20, 2017) to modify certain terms and conditions of seven BLM-administered grazing permits held by the APR. APR’s original proposal sought permit changes for 18 BLM grazing allotments located in four counties. The APR’s updated proposal reduced the number of BLM allotments involved and requested and is only in Phillips County. 

Based on APR’s amended proposal and public input received during the scoping period, the BLM prepared a draft EA and FONSI for the following seven BLM allotments managed by its Malta Field Office: Telegraph Creek, Box Elder, Flat Creek, White Rock, East Dry Fork, French Coulee and Garey Coulee.

The public comment period will run from July 1 through September 28, 2021. The BLM encourages public review and comment on the Draft EA and FONSI by visiting the BLM’s ePlanning website at https://eplanning.blm.gov. Search using the NEPA number: DOI-BLM-MT-L010-2018-0007-EA. 

About the Environmental Assessment

American Prairie Reserve (APR) has submitted a proposal asking the BLM to modify their grazing permits. APR is seeking changes in the class of livestock from cattle to cattle and/or bison and modifications to their season-of-use and construction and/or removal of range improvement projects. The project also includes adjustments to allotments (such as combining pastures) and administrative actions (such as issuing ten-year grazing permits). Comments regarding this environmental assessment should address the APR proposed alternative, Alternative B.

In Alternative B, APR is Requesting to

  1. Change the class of livestock from cattle to bison
  2. Change in authorized seasons-of-use
  3. Change to remove interior fencing and manage their private lands along with the public lands as one common pasture. This includes construction, reconstruction and/or removal of some fences and adjustments to allotments.
  4. Action from BLM to issue a ten-year grazing permits

Points to Consider

  1. Is BLM making a special exception for this application due to the animals being bison?
  2. Bison are not included in the definition of livestock allowed to graze on federal land (see 43 CFR 4100.05-5). The Federal Grazing Regulations permit bison to graze on federal land only with a more-limited Special Use Permit. Should bison be allowed under this current proposal?
  3. Should there be consideration that APR’s bison are a conservation herd and not a commercial herd.
  4. How would BLM treat an application requesting removal of fences and season long grazing for cattle or sheep?
  5. If BLM approves this application, this is a precedent for similar applications to approve cattle allotment requests.
  6. A range management principle in general is – increase fencing (cross fences) and you increase carrying capacity because you have more control over the livestock’s movements. So the reverse should be true – decrease or remove fences and you lose carrying capacity because the animals will concentrate in their favorite or the best areas. 
  7. How will range monitoring be completed and documented to meet range standards?
  8. APR states that it has implemented a wildlife-friendly bison fence that does not inhibit wildlife movements, so is there a need to remove interior fencing?
  9. Has BLM considered a comprehensive approach to APR’s plan for bison restoration?
  10. Is an EA adequate or should an EIS have been completed?
  11. What are the socioeconomic effects the alternative will have on the local community?
  12. APR pays Department of Livestock per capita fees on the bison they own, classifying them as domestic livestock.
Montana Stockgrowers Association Comments
Montana Public Lands Council Comments
Montana Association of State Grazing Districts Comments
Governor Gianforte Comments
Attorney General Comments
Fish, Wildlife & Parks Comments
Department of Livestock Comments
Department of Natural Resources & Conservation Comments
Department of Agriculture Comments

BLM Announces proposed decision for the APR Change Application for bison on seven grazing allotments

MSGA's Statement
MPLC's Statement
Read the Proposed Decision

MSGA's ROLLOVER AUCTIONS TO SUPPORT BLM APPEAL

Montana Stockgrowers Association (MSGA) has launched a series of rollover auctions at markets across Montana to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. Each rollover auction will raise funds for the MSGA Advocacy Fund, which allows for a collective voice for cattle ranchers advocating for change and accountability at the state and federal levels. This fund is currently being used to support the appeal against BLM and is in partnership with North and South Phillips Grazing Districts and under the counsel of the Budd-Falen Law Offices, LLC.

In a rollover auction, the donated animal is put up for auction, purchased, re-donated, and then purchased again. This is done over and over until there are no more bids to be taken. Once this process is over, the heifer will then be sold at auction. All of the proceeds from each sale and the final auction will go to supporting the MSGA Advocacy Fund.

American Prairie’s American Serengeti concept is a threat to the grassland ecosystem, rural communities, and Montana’s cattle industry. MSGA is calling for all who are passionate about the protection and stewardship of Montana’s lands, heritage, and legacy to please consider supporting these auctions. Donations can also be made at www.protectopenspaces.com.

For additional information on the event, please call Monty Lesh (406) 853-1523, your district’s director, or the MSGA office at (406) 442-3420.

Lewistown Livestock Auction, Lewistown | March 21, 2023

MSGA and Lewistown Livestock Rollover Auction Raises over $15,000 to Support BLM Litigation

HELENA, Mont. (March 22, 2023) The Montana Stockgrowers Association (MSGA) launched its first in a series of rollover auctions at markets across Montana to raise funds for its appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. The first auction was held on Tuesday, March 21, at the Lewistown Livestock Auction house. The auction was supported by 32 donors and raised more than $15,000.

Read More >>

Sidney Livestock Market Center, Sidney | April 5, 2023

MSGA and Sidney Livestock Market Center Rollover Auction Raises $12,000 to Support BLM Litigation

On April 5, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Sidney Livestock Market Center to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: April 5, 2023

Location: Sidney Livestock Market Center

City: Sidney, MT

Animal Donor: Sidney Livestock Market Center

PAYS, Billings | April 12, 2023

MSGA and Public Auction Yards Rollover Auction Raises $20,000 to Support BLM Litigation

On April 12, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Public Auction Yards (PAYS) to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: April 12, 2023

Location: PAYS

City: Billings

Animal Donor: Vermilion Ranch

Headwaters Livestock Auction, Three Forks | April 17, 2023

MSGA and Headwaters Livestock Auction Rollover Auction Raises $7,300 to Support BLM Litigation

On April 17, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Headwaters Livestock Auction to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: April 17, 2023

Location: Headwaters Livestock Auction

City: Three Forks, MT

Animal Donor: Dusty Hahn, Hahn Ranch

Glasgow Stockyards, Glasgow | April 20, 2023

MSGA and Glasgow Stockyards Rollover Auction Raises $20,100 to Support BLM Litigation

On April 20, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Glasgow Stockyards to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: April 20, 2023

Location: Glasgow Stockyards

City: Glasgow, MT

Animal Donor: Brent McRea

Miles City Livestock Commission | April 25, 2023

On April 25, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Miles City Livestock Commission to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: April 25, 2023

Location: Miles City Livestock Commission

City: Miles City, MT

Animal Donor: Doug Gardner

Bear Paw Livestock, Chinook | May 1, 2023

On May 1, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Bear Paw Livestock to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: May 1, 2023

Location: Bear Paw Livestock

City: Chinook, MT

Animal Donor: Bear Paw Livestock

Western Livestock, Great Falls | May 3, 2023

On May 3, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Western Livestock to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: May 3, 2023

Location: Western Livestock

City: Great Falls, MT

Animal Donor: Dana Darlington

Five Valleys Livestock Auction, Missoula | May 4, 2023

On May 4, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Five Valleys Livestock Auction to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: May 4, 2023

Location: Five Valleys Livestock Auction

City: Missoula, MT

Donor: Western Montana Stockmen’s Association

Montana Livestock Auction Company, Butte | May 5, 2023

On May 5, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Montana Livestock Auction Company to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: May 5, 2023

Location: Montana Livestock Auction Company

City: Butte, MT

Animal Donor: Blake Nuffer

Dillon Livestock Auction | May 18, 2023

On May 18, the Montana Stockgrowers Association (MSGA) will host its series rollover auctions at Dillon Livestock Auction to raise funds for it’s appeal of Bureau of Land Management’s (BLM) decision regarding American Prairie’s grazing allotments. See below for more auction details:

Date: May 18, 2023

Location: Dillon Livestock Auction

City: Dillon, MT

Animal Donor: John Hagenbarth

THINGS TO KEEP IN MIND WHEN SUBMITTING COMMENTS:

  1. Craft a “Substantive” Comment – a substantive comment is one that: 
    • Questions the accuracy, methodology or assumptions used in the analysis;
    • Presents new information or reasonable alternatives not analyzed; or
    • Causes changes or revisions.
  1. Support Your Point – This can be personal observations, experience or cited sources. 
  2. Avoid Vague Statements – Specifics help the agency to consider and evaluate the issue you have identified. 
  3. Provide Detail – Describe the issue, what can be done, the specific location, what resources are involved, etc. 
  4. Present Solutions – Include a potential fix to the problem you have identified. 

ABOUT THE NATIONAL ENVIRONMENTAL POLICY ACT

The National Environmental Policy Act “… is intended to help public officials make decisions that are based on the understanding of environmental consequences…” (40 CFR 1501 (c).) To achieve this, the EIS considers the effects of agency actions on social, economic and natural resources within the planning area. Citizens, such as yourself, often have valuable information about places and resources they consider important and the potential effects proposed agency actions may have on those places and resources.

COMMENT EXAMPLES

Examples of Substantive Comments  Examples of Non-Substantive Comments
Example 1:
“While we understand the desire to increase access to public land for recreational opportunities, we feel it is important to work with agencies and recreation groups to find acceptable solutions for all stakeholders. Additional recreation use results in added operational expenses for permittees, including weed management or fence repair. We recommend the inclusion of a statement that the Council will foster collaborative efforts to address conflicts and help reduce the costs for permittees.”Example 2:
“In short, the description of a species’ habitat must not be used as justification for the Services to regulate themselves into a position of authority across broad swaths of lands and waters where the agencies would otherwise have no authority.”		 Example 1:

Simply disagreeing with a proposed action.

“I do not support Alternative B.”

Example 2:

Simply stating an opinion.

“Protect our resources!”

Example 3:

Commenting on items outside the scope or proposal.

“Please extend your office hours for those who work between 8-5pm Monday-Friday.”