Montana Farm Bureau Supports Lawsuit Against Public Lands Rule

Montana Farm Bureau members are voicing their support of an American Farm Bureau lawsuit against the Bureau of Land Management’s Public Lands Rule. AFBF and 11 other groups filed a lawsuit July 12 challenging the lawfulness of the Rule, which threatens the future of ranching in the U.S. by destabilizing a decades-old tradition of grazing on federal lands. BLM issued the final rule in May with a stated goal of increasing the health and resilience of public lands, but Farm Bureau believes a lack of clarity in the rule and changes in policy that are not authorized by law make it unacceptable.

Farm Bureau’s concerns are due to the potential negative impacts on ranching of BLM creating a new “use” of public lands – conservation – on equal footing with grazing and other multiple uses. As part of that new “use” the rule establishes new categories of “restoration” and “mitigation” leases. The Rule also promotes designation of more Areas of Critical Environmental Concern (“ACECs”), opening the door for BLM to restrict grazing without any public process.

Gary Heibertshausen, a sheep rancher from Alzada, says access to public lands for livestock grazing is crucial to the success of his ranch. “Honestly, it is a life-or-death situation because fifty percent of our ranch is under BLM leases. If Willow Creek Partners could not graze its livestock on federal land, we would be forced to sell our sheep and cease operating as a ranch.”

Heibertshausen and his partners hold six grazing permits covering several thousand acres of federal lands. He is supporting the case, saying the BLM rule creates substantial risk and uncertainty for ranchers, adding, “Under the rule, we can no longer be certain that the public lands on which we currently rely for grazing will remain available for grazing over the coming years.”

One of his concerns is the rule will open leases to people who do not reside in the area and who will not contribute to the rural economy. They will not have kids in the local schools, they won’t shop at the local small businesses, and the out-of-town lessees won’t be around to fight fire.

“Two weeks ago, we had a fire on our ranch, and part of that fire was on BLM land,” said Heibertshausen. “We had BLM crew of six who came from an hour away, plus they had to time out, which makes it tough to cover an area. Primarily, local ranchers, neighbors, friends and our volunteer fire department fought that fire. I worry if ranchers do not lease the federal land, there will be no one to handle the fires when they occur.”

The MFBF vice president explained another concern is someone getting the land for other purposes than agriculture is the spread of noxious weeds. “Many people do not realize that noxious weeds are expensive and difficult to eradicate. They outperform native grasses, do not prevent soil erosion, and greatly limit food for wildlife.”

Other ranchers have expressed concern that currently landowners get docked for not caring for the land when prairie dogs decimate all the vegetation yet ranchers are forbidden to control the prairie dogs—a Catch 22 situation. In addition, planning becomes impossible if a farmer or rancher is uncertain about their lease the following year or in years to come. Agriculture is a long-term endeavor, and the conservation rule will add yet another hurdle to a stressed rural economy.

“I believe that as ranchers, we do a fine job with conservation,” said Heibertshausen. “We have worked hard on providing sage grouse habitat. We manage the grass and soil. Adding another entity into the mix will muddy the waters. The Taylor Grazing Act already gives credit to stewardship for proper grazing and use of land.”

BLM oversees approximately 245 million acres of property in the West, which amounts to one-tenth of all U.S. land. For nearly a century, farmers and ranchers have worked with the federal government to ensure Western land can be used for both public enjoyment and agricultural use. The rule’s changes to the management of public lands have broad implications for agriculture and the future for America’s ranchers.

AFBF is joined by the American Exploration & Mining Association, American Forest Resource Council, American Petroleum Institute, American Sheep Industry Association, National Cattlemen’s Beef Association, National Mining Association, National Rural Electric Cooperative Association, Natrona County Farm & Ranch Bureau, Public Lands Council, Western Energy Alliance and Wyoming Farm Bureau Federation in its court challenge of the rule, which can be found, http://www.fb.org/files/backgrounder/BLM-Coalition-Complaint-Filed-7.12.24.pdf.