by Tom Kuglin
Finding a place to hunt on the
two-thirds of Montana that is privately owned can be a tricky
proposition.
Whether they are a result of
changing demographics, financial reasons or convenience, stories of
once accessible private property being shut off recur each year.
While a landowner’s right to control access remains fundamental,
hunters have increasingly cited the need for access as one of the
biggest threats to the future of hunting in Montana.
One of the programs the state uses
to push for public access is Habitat Montana, housed under Montana
Fish, Wildlife & Parks. The program is simple on its face: a
portion of hunting and fishing license sales goes into an account,
and FWP uses it to acquire access.
But for more than 25 years Habitat
Montana, with funding going to both land purchases and conservation
easements on private property, has had its critics.
“Habitat Montana has been very
well intended, very well conceived and been sternly if not
unanimously supported by hunters and folks who want access,” said
Glenn Marx, executive director of the Montana Association of Land
Trusts. “But it has also always been at some level of controversy
as it’s been implemented by the department, because it allows more
government management to a degree on private land. There has always
been a segment of the Montana Legislature and the Montana population
who has concerns about more government in more places in more ways.”
The primary criticism of Habitat
Montana centers on land purchases. FWP’s acquisition of entire
ranches has met resistance to growing the state’s estate. In 2015
lawmakers took away FWP’s authority to purchase more land,
restricting the account to private land easements. The purchase
authority was restored last year but came with a continued
legislative preference for easements.
Conservation easements are a
contract between a private landowner and entities such as land trusts
or government agencies. Easements come in many shapes and sizes, but
typically landowners agree to limit development. In exchange,
landowners may receive payment and tax incentives -- the incentives a
result of depreciating the value of the property by agreeing not to
subdivide. Easements may contain other provisions for public access
or habitat conservation, and are often touted as a means of keeping
land in agriculture.
State Board of Land Commissioners
Following unanimous approval by the
Montana Fish and Wildlife Commission, last week’s split-vote by the
Montana State Board of Land Commissioners to indefinitely delay a
decision on an eastern Montana conservation easement has raised
questions about the coexistence of oil and gas development with
habitat, hunting and agriculture.
Tuesday, February 27, 2018
Monday, February 26, 2018
MSA ALERT: All hands on deck! Horse Creek CE delayed or tabled by Land Board
Fellow Sportsmen/women,Three MSA board members were on hand in Helena for the hearing on this CE by the Land Board. Governor Bullock was fully informed as was AG Tim Fox. AG Fox, having a geology and oil and gas background, even went thru those details. Both were in favor. Sec. of State Stapleton, Supt. Arntzen, and Auditor Rosendale expressed varying degrees of displeasure. Stapleton argued his belief that easements should not be in perpetuity. Arntzen and Rosendale argued for more time. Rosendale even displayed a very thick file of documentation and comment while complaining about not enough time.The crux of the argument are opposing private property rights….those of the surface owners and those of the mineral owners. Both the Gov. and AG are attorneys and tried to explain the details of the two property rights not infringing on the other to no avail. It seemed obvious the other three had agreed long before this meeting to delay or table the CE.
A few other facts about this easement:It is >15,000 acres, most of which in intact, native habitatProvides access to an additional 5,000 acres of DNRC and BLM public land, most of which is otherwise land lockedThe easement would preclude any splits, and only allow 2 additional 10-acre building areas (for family dwellings and/or ag buildings) – so it will always be a large, landscape scale parcel600 hunter days are included in the easement requirements as are 5 parking areas. They have agreed to a sixth parking area, but not as part of the easement.There were concerns about the price of the easement ($6.1 million) – the cost is higher than some others we have done because of what we are getting (things like hunter access, no splits, no additional tilling of native ground)We have secured ALE funding of $1.6 million towards the cost which will help leverage the department’s fundsA few notables: -Government has allowed empowered oil and gas, electric line, and pipeline companies to force land owners into perpetual easements. Every easement on Circle S Ranch-Joe Perry land is perpetual….I had no choice.-Two board members were thoroughly prepared and three not. What gives?Circle S Ranch owns many but not all mineral rights on its property. I know I can’t keep other mineral owners from exercising their private property rights because I have a Conservation Easement. My only hope is that I have a seat at the table to try to guide the development so as to conserve important habitat and minimize the disturbance to my farm operations, NOT to stop development. TheStenson’s have echoed the same.-It seems the Stenson’s private property rights to surface ownership are being violated by the land board decision. No one has denied the mineral owners anything.The Stensons are a young ranch family with three beautiful young adult daughters. The easement will allow them to buy some leased land that is for sale and keep their operation viable. The public is well served by perpetual access and protected habitat.MSA is asking folks to turn up the heat on the land board. Please contact them and ask that this easement be approved. landboard@mt.gov You can be firm but please be polite.JoeMSAThursday, February 22, 2018
Land Board delays action on conservation easement embroiled in property rights debate
topical top storyMontana State Land BoardLand Board delays action on conservation easement embroiled in property rights debate
- TOM KUGLIN tom.kuglin@helenair.com
- Feb 21, 2018 Updated 21 hrs ago
On a split vote Tuesday, the Montana State Board of Land Commissioners indefinitely postponed a decision on an eastern Montana conservation easement that has sparked debate about private property rights and the coexistence of oil and gas development with agriculture and hunting.The governor-appointed Montana Fish and Wildlife Commission last week unanimously approved the 15,000-acre Horse Creek Conservation Easement between the Stenson family and Montana Fish, Wildlife & Parks, which put a final decision before the Land Board Tuesday. The Land Board is made up of Democratic Gov. Steve Bullock, and Republicans Secretary of State Corey Stapleton, State Auditor Matt Rosendale, Superintendent of Public Instruction Elsie Arntzen and Attorney General Tim Fox.Citing a desire for more time, Stapleton, Rosendale and Arntzen voted to indefinitely postpone a vote, with Bullock and Fox opposed.The proposed $6.1 million easement is funded by both federal and state dollars. About $4.3 million would come from the Habitat Montana program funded by hunting and fishing license revenue. Under the terms, the Stensons would provide walk-in public access and manage for wildlife habitat and agriculture while foregoing subdivision.While the Stensons own surface rights to their ranch, they do not own the mineral rights. The easement has recently come under scrutiny over concerns from mineral right owners Hodges Ranch LP that oil and gas companies will shy away from property under easement. Lilia Tyrrell, an attorney representing the mineral interests, also argued last week and Tuesday that the terms of the conservation easement cannot be guaranteed if oil and gas development proceeds.“Everyone in this room can value the need for conservation easements in this region. … A vote today is not a vote against those principles, it is a vote for fiscal responsibility,” she told the Land Board. “You’re not getting what you think you’re paying for.”While her clients are “not looking to clearcut land or devastate wildlife habitat,” legal decisions have granted mineral development rights that can significantly impact the surface, Tyrell said. She closed by further criticizing the $6.1 million cost, which she believed did not accurately reflect the value of a property with split surface and mineral rights.Adele Stenson called the easement a “collaborative effort” and said “this project should not be the battle, it should be celebrated.” While the family wants a place at the table if mineral development does proceed, she says her family has no interest in standing in the way of Hodges’ rights.“We remain very confident that this easement harms nobody and provides a lot of benefits for a lot of people,” she continued. Giving the mineral right owners a say in the conservation easement treads on her family’s surface property rights, and “if they wanted to keep the surface rights they shouldn’t have sold us the land.”A denial or delay of the easement could put the purchase of five sections of land they currently lease in jeopardy, Adele Stenson said, which is land they need to keep the ranch economically viable.The easement fulfills a need for securing public access in predominately privately owned southeastern Montana, FWP Director Martha Williams told the board. Her agency followed procedures laid out in Montana law and language of the easement mirrors that of other easements held by FWP, including those that have seen oil and gas development.Following last week’s meeting, the actual potential of mineral exploration remained under dispute Tuesday. Tyrrell cited interest in oil and gas exploration in the region, while FWP determined a low probability based on dry and low producing wells in the area.Hunting and conservation groups, as well as the Montana Association of Land Trusts, testified in support of the easement.Land conservation attorney Andrew Dana testified that conservation easements with split surface and mineral rights are not uncommon, and said there are dozens of wells currently producing on land under easement.Montana Petroleum Association Executive Director Alan Olson said his organization came into the issue only recently.“So that it’s very clear to everybody, our members are supportive of conservation easements and in this case, the access it brings for hunting opportunities,” he said. “We’re also supportive of the landowner’s rights to pursue conservation easements.”Olson said he was contacted about a week ago by the mineral right owners, and believes there needs to be a meaningful discussion to ensure that all have a seat at the table. Olson went on to note that the easement puts FWP at the table if mineral exploration were to occur, and expressed concerns that FWP has “protested” oil and gas on state and federal lands.Under questioning from Bullock, Olson said he believes FWP should make greater efforts to locate and include mineral right owners in the easement, a process that Williams testified could cost up to $1,000 per acre. Objections from the Hodges came in relatively late in the process, she said.During commissioner questioning, Fox explained his background in geology and mineral law, and said he agreed that oil and gas development is not incompatible with a conservation easement.“When you sell the surface you lose control of the interest … it’s not a harsh reality, it’s just a reality,” he said, going on to say he does not believe the easement puts mineral development at risk.Arntzen was the first to ask for a delay, saying she believed access is important, but she needed more information “to understand the rights below the ground as above the ground.”Stapleton agreed to the delay, saying he felt it is poor public policy to enter agreements that go into perpetuity.“Forever is a long time,” he said, noting other entities involved.Rosendale said the easement was more complex than most, calling it a “disservice” to have a five-day period between the fish and wildlife commission’s decision and the Land Board's.Bullock asked what more could be learned if the project were delayed against what is at risk if the easement falls through.“A delay could mean killing this opportunity to have hunting here in perpetuity," he said.Fox agreed, saying “There’s nothing left to learn in delaying anything here,” and went on to respond to Stapleton, saying “if you’re spending this kind of money for this kind of conservation easement, you’d better get it in perpetuity.”Tyrrell declined to comment.Adele Stenson issued a statement following the meeting.“To say we are frustrated and disheartened by this delay would be a huge understatement,” she said.“We have worked alongside FWP for the past year and a half to follow every step this process requires. Yet, three members of the Land Board have chosen to delay this decision so they can get more information on a project that meets every parameter required for a Habitat Montana easement, including overwhelming support from the sportsmen and women whose dollars pay for the bulk of this easement. We and FWP have done everything possible to communicate with the board members and their staff to provide them information, and we will continue to do so over the next month. We just hope that the Land Board will take this extra time to objectively judge this easement based on its merits and see the tremendous value it has for the hunters and other outdoor enthusiasts of Montana.”Saturday, February 17, 2018
Keeping a way of Life: Land Near Glendive Could Get Permanent Protection, Public Access
Search and hit enter...15,000 ACRES SLATED FOR CONSERVATION EASEMENT
By Justin Schaaf
Take a hike with me if you will.
It is springtime in Eastern Montana, we are within eyesight of one of Montana’s greatest hidden treasures, Makoshika State Park.
Kip Stenson, the landowner, points us to an area across the Horse Creek bottom to begin our hike. We begin hiking from a homestead that looks as though it has sat vacant for the last fifty years. The house and outbuildings that sit on land now managed by the Bureau of Land Management tell a stark tale. A tale about a family that had invested everything and was unable to make the finances work and ultimately decided it was better to walk away from it all.Landowner Kip Stenson and the author check out a mao of the Horse Creek Easement. Photo by Hayden Clark.It isn’t long until we begin to climb in elevation as we walk through badlands from the Hell Creek Formation, riddled with sandstone hoodoos, dinosaur fossils, and other formations that could only be described by seeing with your own eyes. Our sights are set on a juniper- and cedar-crested butte on the horizon where we plan on taking a break and eating lunch.
On top of the butte we sit down under the shade of a mature cedar tree. To the north of the butte you notice the landscape transition from the rough badlands to rolling ash-timbered draws. On closer inspection you see mule deer, whitetail deer, sharptail grouse and even turkeys. As we turn our attention to the south we stop for a moment and notice a Mule Deer buck stand up out of his bed on the adjacent butte. After 10 seconds of studying, the old buck takes four bounds and disappears over the butte never to be seen again.
With our attention on the southern end of the parcel we see the landscape transition once again from the badlands down to a plateau of vast sagebrush fields. We notice a large herd of antelope in the middle of the largest field ready to stretch their legs if anything were to disturb their grazing. There has been one commonality across all the different landscapes that is impossible to overlook, this is first and foremost a cattle ranch. This is a ranch that has figured out how to make all these moving parts coincide with each other.
A GIFT TO THE FUTURE
Kip and Adele Stenson first approached Montana Fish Wildlife & Parks about the possibility of an easement on their land several years ago.
“We sat down and talked about what it might look like in the end,” Kip recalled.Photo courtesy Kip and Adele StensonThe department immediately noted the value that these thriving landscapes provided both the wildlife and people in Dawson and Wibaux Counties.
“An easement of this size can stand on its own and provide habitat and security for generations to come,” says Melissa Foster, an FWP wildlife biologist based out of Baker.
The Stensons view the easement as a guarantee into the future for local family ranching out of Eastern Montana, a departure from the trend of cattle ranching growing larger and larger while pushing local families out.
“I hope that someday my grandchildren are able to drive down the hill to our ranch and see that this land is still providing the same benefits now that it was when their grandparents were ranching it,” says Adele.
The Horse Creek easement would be funded by Habitat Montana, a program that collects funding from hunting and fishing license purchases, earmarked specifically for conservation easements; and by the U.S.Department of Agriculture.
“Considering how much hunters and fishermen contribute to conservation, I am glad they will be able to enjoy the easement for years to come,” Kip says, referring to the easement’s public access guarantee.
When the easement is completed hunters will have access to over 15,000 acres that have previously been closed to public access.
“There is no doubt a void of public access in this area and in areas where public access is difficult it only increases the strain between landowners and the department when we aren’t able to manage the wildlife within those borders,” says Foster, of FWP.Photo courtesy Kip and Adele StensonThe easement is arising from a local collaborative effort between landowners and FWP. No single party will be able to claim they won the easement, but every party involved will be able to walk away from the table pleased with the positive outcome.
For the Stensons, it provides the long-term commitment to a ranching lifestyle that Adele’s parents instilled long ago during the family’s years spent on the Rocky Mountain front. For Montana Fish Wildlife & Parks, the easement provides invaluable habitat and winter range for the wildlife in the area. For hunters, it provides hunting opportunities on almost 24 square miles of land.
“When the Montana land board meets to vote on the easement we have agreed to with the Department, I hope they keep our private property rights in the back of their mind and not what they believe we should be able to do with our property rights,” Adele says.
Ranching in Eastern Montana is the foundation of our way of life. Montana has a golden opportunity to keep the status quo.
The Montana FWP Commission gave its unanimous approval to the Horse Creek Conservation Easement Feb. 15. Next, it needs a passing vote from Montana’s Land Board, consisting of Gov. Steve Bullock, Attorney General Tim Fox, Secretary of State Corey Stapleton, Superintendent of Public Instruction Elsie Arntzen and Auditor Matt Rosendale. That vote is expected Feb. 20.
For more information on the Horse Creek Complex Conservation Easement, you can read the decision notice from the Department of Fish, Wildlife and Parks here:http://fwp.mt.gov/news/publicNotices/conservationEasements/pn_0033.html
To comment on the Horse Creek Complex Conservation Easement, you can send an email to landboard@mt.gov
Contributed by Justin Schaaf. Justin is a hunter and conservationist whose roots in Eastern Montana stretch back to the turn of the last century. After growing up in Glendive, he is now raising his young family in Fort Peck near the Charles M. Russell National Wildlife Refuge.
Got something to say to Prairie Populist? Send news tips, story ideas and comments to editor@prairiepopulist.com. If you have something to submit, or an idea for a story you’d like to write for us, check out our Submission Guidelines here.
Saturday, February 17, 2018
Keeping a way of Life: Land Near Glendive Could Get Permanent Protection, Public Access
15,000 ACRES SLATED FOR CONSERVATION EASEMENT
By Justin SchaafTake a hike with me if you will.
It is springtime in Eastern Montana, we are within eyesight of one of Montana’s greatest hidden treasures, Makoshika State Park.
Kip Stenson, the landowner, points us to an area across the Horse Creek bottom to begin our hike. We begin hiking from a homestead that looks as though it has sat vacant for the last fifty years. The house and outbuildings that sit on land now managed by the Bureau of Land Management tell a stark tale. A tale about a family that had invested everything and was unable to make the finances work and ultimately decided it was better to walk away from it all.
It isn’t long until we begin to climb in elevation as we walk through badlands from the Hell Creek Formation, riddled with sandstone hoodoos, dinosaur fossils, and other formations that could only be described by seeing with your own eyes. Our sights are set on a juniper- and cedar-crested butte on the horizon where we plan on taking a break and eating lunch.
On top of the butte we sit down under the shade of a mature cedar tree. To the north of the butte you notice the landscape transition from the rough badlands to rolling ash-timbered draws. On closer inspection you see mule deer, whitetail deer, sharptail grouse and even turkeys. As we turn our attention to the south we stop for a moment and notice a Mule Deer buck stand up out of his bed on the adjacent butte. After 10 seconds of studying, the old buck takes four bounds and disappears over the butte never to be seen again.
With our attention on the southern end of the parcel we see the landscape transition once again from the badlands down to a plateau of vast sagebrush fields. We notice a large herd of antelope in the middle of the largest field ready to stretch their legs if anything were to disturb their grazing. There has been one commonality across all the different landscapes that is impossible to overlook, this is first and foremost a cattle ranch. This is a ranch that has figured out how to make all these moving parts coincide with each other.
A GIFT TO THE FUTURE
Kip and Adele Stenson first approached Montana Fish Wildlife & Parks about the possibility of an easement on their land several years ago.
“We sat down and talked about what it might look like in the end,” Kip recalled.
The department immediately noted the value that these thriving landscapes provided both the wildlife and people in Dawson and Wibaux Counties.
“An easement of this size can stand on its own and provide habitat and security for generations to come,” says Melissa Foster, an FWP wildlife biologist based out of Baker.
The Stensons view the easement as a guarantee into the future for local family ranching out of Eastern Montana, a departure from the trend of cattle ranching growing larger and larger while pushing local families out.
“I hope that someday my grandchildren are able to drive down the hill to our ranch and see that this land is still providing the same benefits now that it was when their grandparents were ranching it,” says Adele.
The Horse Creek easement would be funded by Habitat Montana, a program that collects funding from hunting and fishing license purchases, earmarked specifically for conservation easements; and by the U.S.Department of Agriculture.
“Considering how much hunters and fishermen contribute to conservation, I am glad they will be able to enjoy the easement for years to come,” Kip says, referring to the easement’s public access guarantee.
When the easement is completed hunters will have access to over 15,000 acres that have previously been closed to public access.
“There is no doubt a void of public access in this area and in areas where public access is difficult it only increases the strain between landowners and the department when we aren’t able to manage the wildlife within those borders,” says Foster, of FWP.
The easement is arising from a local collaborative effort between landowners and FWP. No single party will be able to claim they won the easement, but every party involved will be able to walk away from the table pleased with the positive outcome.
For the Stensons, it provides the long-term commitment to a ranching lifestyle that Adele’s parents instilled long ago during the family’s years spent on the Rocky Mountain front. For Montana Fish Wildlife & Parks, the easement provides invaluable habitat and winter range for the wildlife in the area. For hunters, it provides hunting opportunities on almost 24 square miles of land.
“When the Montana land board meets to vote on the easement we have agreed to with the Department, I hope they keep our private property rights in the back of their mind and not what they believe we should be able to do with our property rights,” Adele says.
Ranching in Eastern Montana is the foundation of our way of life. Montana has a golden opportunity to keep the status quo.
The Montana FWP Commission gave its unanimous approval to the Horse Creek Conservation Easement Feb. 15. Next, it needs a passing vote from Montana’s Land Board, consisting of Gov. Steve Bullock, Attorney General Tim Fox, Secretary of State Corey Stapleton, Superintendent of Public Instruction Elsie Arntzen and Auditor Matt Rosendale. That vote is expected Feb. 20.
For more information on the Horse Creek Complex Conservation Easement, you can read the decision notice from the Department of Fish, Wildlife and Parks here: http://fwp.mt.gov/news/publicNotices/conservationEasements/pn_0033.html
To comment on the Horse Creek Complex Conservation Easement, you can send an email to landboard@mt.gov
Contributed by Justin Schaaf. Justin is a hunter and conservationist whose roots in Eastern Montana stretch back to the turn of the last century. After growing up in Glendive, he is now raising his young family in Fort Peck near the Charles M. Russell National Wildlife Refuge.
Got something to say to Prairie Populist? Send news tips, story ideas and comments to editor@prairiepopulist.com. If you have something to submit, or an idea for a story you’d like to write for us, check out our Submission Guidelines here.
Conservation Easements Dawson County Habitat Montana Land Board Montana Fish Wildlife and Parks USDA Wibaux County
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MSA ALERT: GO VIRAL Please send message to Land Board NOW!!!
This Decision will likely be made Tues. Feb. 20th. Please comment now. MSA says this is a good project! Lets see if the land board will stand behind efforts to use CE’s instead of fee title.Joe Perry
At the recent FWP Commission meeting the commission approved the Horse Creek Conservation easement in Dawson and Wibaux counties, This was a very good decision and will benefit area sportsmen. The land board of Montana now has to approve of that decision, Please send them an e mail and ask for the approval of the Horse Creek conservation easement. landboard@mt.gov it is expected this decision will be made in the next few weeks so sending them a message sooner rather than later is better.Thanks,Steve Schindler
Friday, February 2, 2018
Corrected MSA Scorecard
A review from a legislator pointed out a small mistake…..Please accept our apologies for a typo on the scorecard. The corrected version:
Joe
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