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Frank Szollosi

Protecting Montana’s Public Lands from Utah’s Land Grab

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Utah politicians have a history of trying to sell off public land to benefit the real estate developers and extractive industries that fund them. Recently, the State of Utah filed a lawsuit in the United States Supreme Court, aiming to seize control of 18.5 million acres of America’s public lands within the state’s borders. And now 13 other states have joined in support of it.  But not the State of Montana. Thanks, Governor and Attorney General, let’s keep it that way.

While Utah claims it only wants to manage these lands, history shows that—when given the opportunity—it opens the door to massive sell-offs of public lands to private interests.  Let’s not mince words: Utah’s ultimate goal is to sell off all federal public lands to the highest bidder at the expense of wildlife, habitat and public access. If this effort succeeds, it could jeopardize the future of public lands everywhere, especially across the West and here in Montana.

Utah’s lawsuit claims the federal government can constitutionally only own property for military bases and the nation’s capital. By that logic, the federal government couldn’t own any Bureau of Land Management lands, national forests, national parks, monuments, or wildlife refuges across the United States. 

The consequences would be devastating. Ranchers could find grazing fees much, much higher. Our state budget would be burdened with millions of dollars in new obligations for fire suppression and extractive industry permitting. Rural communities would face even greater disruption as prized parcels get sold to and developed by absentee landowners. Wildlife habitat and migration routes would be further compromised. And the access to public lands and waters we treasure here in Montana could be lost forever.

This is our call to action. Sign this petition encouraging Montana Governor Greg Gianforte and Montana Attorney General Austin Knudsen to stand firm and reject Utah’s public land heist.

We’ll make sure your voices are heard. The petition will be delivered to Montana’s Governor and Attorney General, shared with all 150 incoming Montana State Senators and Representatives convening in Helena in January 2025, and sent to our new Congressional delegation and the incoming Trump Administration.

We’ll also keep you posted on the latest developments of this extraordinary test of character of Montana elected officials.

Legal Victory Strengthens Public Trust Doctrine, Elk & Game Management in Montana

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Joint Press Release by All Intervening Organizations

In a major legal victory for the State of Montana, hunters, and conservation groups, a District Court judge has sided with the public and Montana Fish, Wildlife, and Parks (FWP) in a lawsuit attempting to upend Montana game management. The ruling bolsters the State and conservation groups in their fight to protect Montana’s game management practices, affirming the Public Trust Doctrine and ensuring that our wildlife remains public, not a private commodity.

Tenth Judicial District Court Judge Gregory R. Todd denied the United Property Owners of Montana’s motion for partial summary judgment on Tuesday afternoon and granting FWP and Intervenors cross-motions, agreeing wholeheartedly with the state and coalition’s arguments that the Montana Fish and Wildlife Commission and the Montana Department of Fish, Wildlife & Parks have been following state wildlife management laws correctly.

The coalition of intervening groups, composed of Helena Hunters and Anglers, Hellgate Hunters and Anglers, Montana Chapter of Backcountry Hunters & Anglers, Montana Bowhunters Association, Montana Wildlife Federation, Public Land Water Access Association, and Skyline Sportsmen Association, called the lawsuit “an attack on wildlife management and Montana’s egalitarian hunting traditions.” The groups filed a motion to intervene on behalf of Montana Fish, Wildlife & Parks, Montana hunters, and all citizens of Montana.

The intervening groups, granted legal status in this case in September 2022 by the District Court in Fergus County, represent Montana hunters, anglers, public lands users, and all who have a stake in defending the public interest. They are committed to maintaining long-term, proven wildlife management that benefits all Montanans. All have a strong record of public participation in decisions affecting Montana’s natural resources and hunting heritage. Learn more at KeepElkPublic.org. Conversely, UPOM is an organization with a history of opposing Montana’s tradition and law that guarantees wildlife is equally owned by the public, not just the wealthy, well-connected, and landed gentry.

UPOM’s failed lawsuit alleged that the public process for managing elk and setting hunting regulations in Montana is unconstitutional. It attempted to force FWP to reduce elk numbers in the state substantially by killing upwards of 50,000 animals and giving politicians and private landowners management authority over public wildlife management. Similar attempts by UPOM at the legislative and commission levels have been strenuously opposed and largely defeated again.

Coalition members thank their attorneys, Rob Farris-Olsen, Graham Coppes, Kim Wilson, and state attorneys for defending the public’s interest. They vowed to keep fighting for responsive wildlife management and public hunting opportunities. The groups look forward to defending the Public Trust Doctrine, the North American Model of Wildlife Conservation, and keeping elk public in the upcoming 89th Session of the Montana Legislature.

“This is a significant decision. The Court upheld the fundamental concept of public trust wildlife, managed by wildlife professionals at Montana FWP, for the benefit of all citizens,” said Steve Platt, president of Helena Hunters and Anglers. “We are happy that the Court upheld this bedrock premise of the North American Model of Wildlife Conservation.”

“UPOM’s misguided lawsuit threatened serious consequences for how we manage Montana’s elk and public hunting opportunities going forward,” said Andrew Gorder, president of Hellgate Hunters & Anglers. “The Court’s decision is a hard-earned victory for our state’s wildlife managers and upholds Montana’s long history of managing public elk for the benefit of all, not just a select few.”

“I am proud of the hard work we have done over the last year, engaging with the state, public hunters, and landowners in a sincere and transparent effort to solve these wildlife management issues,” said John Sullivan, chair of the Montana chapter of Backcountry Hunters & Anglers. “We are grateful the court has acknowledged the public’s role in wildlife management and allowed us to intervene on the public’s behalf. We look forward to making our case in front of the court and in the light of day for all to watch.”

“Montana Wildlife Federation appreciates the time and attention to detail the Court put into this historic, precedent-setting victory for science and fairness in game management,” said Chris Servheen, Montana Wildlife Federation President and Board Chair. “We are proud to have successfully strengthened the Public Trust Doctrine and the North American Model within Montana law. We will continue to work with these intervening organizations, the State of Montana, and many more to further strengthen these sound principles.”

“PLWA is ecstatic about this decision and its implications for the science-based management of our public trust resource in Montana,” said Alex Leone, executive director of Public Lands and Water Access Association. “The decision affirms that elk in Montana are to be managed for the benefit of all, not just a few aggrieved landowners. This is not the first time UPOM has attempted to challenge Montana’s long-standing tradition of public access to public trust resources, and it won’t be the last. We are proud of MT FWP and the coalition of intervenors for stepping up and prevailing.”

“The MBA is very grateful to the many groups, their leaders and the attorneys involved who have put in the time to fight against this lawsuit. A special thanks goes out to the courts for upholding the status of the FWP professionals managing our wildlife in Montana. We need to continue to fight for our future generation of Montanan hunters and assure they will have a fair opportunity to hunt game in this great state,” said Ken Schultz, President of the Montana Bowhunters Association.

 

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Montanans need to review east Crazies land exchange proposal

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Much has been said and written about the east Crazy Mountain-Big Sky land exchange proposal, which has just been released by the U.S. Forest Service for public comment. For decades, solutions to unlocking public land access between checkerboarded private landholdings within the Custer Gallatin National Forest which surround the Crazy Mountains have proven elusive to scores of good faith efforts. Our interests include protecting critical elk, mountain lion, and black bear habitat – among other species – and enhancing public access. We respect property rights, agriculture and ranching, and the sacred significance of these lands to the Apsáalooke (Crow).

Two years ago, members of Montana Wildlife Federation’s Board of Directors thoroughly debated our engagement with the Crazy Mountains Working Group – a locally led collaboration of hunters, ranchers, recreationists, and other community members. One of our Board members, John Salazar, a Livingston hunter, and longtime conservation leader, joined the group and has kept us in the wildlife federation plugged into the discussion. He’s done great work building relationships while seeking solutions to an intractable public land impasse.

In 2020, MWF issued a letter that spelled out conditions for our organizational support of any land exchange.  We asked then that “any proposal to accomplish this trade move forward administratively by the Forest Service to give the public the opportunity to review and comment on it.”  We stand by that as 2022 draws to a close, and as the Forest Service rolls out the proposal for its 45-day public comment period. That official period will be followed by a Forest Service draft decision notice, and then an additional 45-day objection period. We believe there continues to be time for the collaboration, dialogue, and advocacy that is necessary to strengthen the conservation values of the proposal. We look forward to reviewing all aspects of the proposal and how it aligns with our access goals and conservation vision across the east Crazies landscape.

During this critical period, we recommit to working together with willing participants. We’ll encourage our members and Affiliates and the general public to read the proposal for themselves and be part of the Forest Service administrative process. We’ll show up and listen at the public meetings that are being organized from Big Timber to Big Sky. And we ourselves will continue to listen to and meaningfully evaluate the many spirited arguments about these extraordinary lands.

Last year, we provided the working group with additional detailed concerns, such as limiting the use of so-called “e-bikes” and other mechanized uses that demonstrably disrupt wildlife, and, to further long-term habitat and access goals, we seek a “first right of refusal” that would give public land agencies an opportunity to purchase any future private land that would one day be listed for sale. Our vision, as relayed to the Forest Service, is a “consolidated land pattern in public ownership that would ensure key wildlife habitat and important corridors are protected, provide for public access and recreation, and also allow multiple use opportunities where appropriate.”

We were encouraged by our recent meeting with the Forest Service where they reminded us that the new Custer Gallatin Forest Plan, along with a new federal Backcountry designation, prohibits new road construction, mining, wind farms, heli-skiing, and other disruptive activities, as well buildings and infrastructure on public land, while allowing for public land grazing that is of critical importance to local ranchers and rural communities like Big Timber.

Finally, this past fall I had an amazing opportunity to participate in a flyover of the Crazy Mountains with local landowners, a tribal researcher, and fellow conservationists.  From the single-propeller Cessna, I could see high alpine lakes teeming with native fish, a herd of elk, and eagle nests; I learned of ancient Crow vision quest sites at the summits.  Ranching operations appeared to be woven into the landscape neatly, and the potential for a harmonious outcome actually became easier to see from that perspective. The risks of not finding a hard-earned, negotiated solution after so many years seem even more urgent as real estate and population growth both rapidly escalate in the communities that surround the Crazy Mountains.

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Crazies eco-flight with Rob Sisson, Erica Lighthiser, Francine Spang-Willis, Frank Szollosi and Charlie Rein. Photos by EcoFlight. 

 

 

By Montana Wildlife Federation  Executive Director Frank Szollosi

MWF Cheers Landmark Inflation/Climate Deal

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Today we are thrilled with news of a legislative breakthrough that will boost Montana wildlife, fisheries, forests and communities and reduce our carbon emissions 40% by 2030.  And by lowering energy costs, we reduce inflation. MWF encourages you to call Senator Jon Tester at (202)-224-2651 to express appreciation for his support of climate action and to call Senator Steve Daines at (202)-224-2651 and ask him to get on board!

Hunters, anglers, farmers, ranchers, bird watchers, and conservationists of all stripes have long advocated for Congress to act on climate. We understand the long established science, and bear witness to the impacts as our Montana fisheries warm and our public lands and communities endure ever-more devastating floods and wildfires. And three-quarters of respondents in a recent Montana State University survey of farmers and ranchers reported anxiety from the uncertainty driven by climate change.  

As recently as two weeks ago, MWF was back in DC speaking up for action on climate. See image below.

The historic Inflation Reduction deal announced this week includes:

– natural climate solutions that will build the resilience of Montana’s wildlife, fish, forests, streams, rivers, prairies and farms and ranches

– first meaningful oil and gas leasing reform in 100 years, protecting critical Montana habitat, wildlife and taxpayers

– $5 billion in grants to support healthy, fire resilient forests, forest conservation and urban tree planting

– investments in U.S. clean energy manufacturing

– investments in Montana communities, including tribes, long impacted by environmental injustices

– more than $20 billion to support climate-smart agriculture practices

– tax credits for electric vehicles

Contact: Frank Szollosi, Executive Director, 406-417-9909

Below Montana Wildlife Federation Executive Director Frank Szollosi, of Missoula, speaks with Senator Jon Tester on Capitol Hill about climate-fueled devastation in and adjacent to Yellowstone National Park, and the lopsided fiscal benefits of strong climate policy. July 12, 2022.

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Montana sporting groups call on Rep. Rosendale to abandon his attack on federal wildlife conservation funding

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Today, the Montana Wildlife Federation and twelve affiliate rod and gun clubs representing tens-of-thousands of hunters called on Representative Matt Rosendale to withdraw his co-sponsorship of legislation that would defund the Montana Department of Fish, Wildlife and Parks and gut federal funding for wildlife conservation and hunter education programs across the nation.

H.R. 8167, the “Return our Constitutional Rights Act of 2022,” would essentially repeal one of the most important pieces of legislation for wildlife management and hunting, the Pittman-Robertson Wildlife Restoration Act. Passed in 1937, the Pittman-Robertson Act sets aside the revenue from federal excise taxes on firearms and archery equipment for grants to state fish and wildlife agencies for wildlife management and hunter education. The Pittman-Robertson Act is used to this day to provide robust funding to state fish and wildlife management agencies. 

In a letter to Rosendale, the groups reiterated the importance of the Pittman-Robertson funding, stating “Pittman-Robertson is the backbone of the management that ensures that fish and wildlife that are pursued by hunters and anglers continue to flourish. It is a key element in the phrase hunters proclaim proudly:“hunting is conservation”. 

FWP’s largest source of federal funding comes from both the Pittman-Robertson Act and the similar Dingell-Johnson Act, which provides funding to states to support recreational fishing. In total, both sources of funding account for nearly 20 percent of FWP’s budget. 

While H.R. 8167 purports to direct federal oil and gas revenue into the Pittman Robertson Wildlife Restoration Trust Fund instead of firearms excise taxes, the bill is actually written to completely repeal the core Trust Fund and direct additional funding into a different set of programs that are targeted at non-game wildlife conservation. While that latter goal is crucially important – and the subject of separate pending federal legislation, the Recovering America’s Wildlife Act, which enjoys bipartisan support – H.R. 8167 would end all federal funding for the management of game species and their habitats, as well as funding for hunter safety education and public shooting ranges. 

In addition to all of the benefits of robust conservation funding, signers of the letter to Rosendale emphasized to the need to protect the conservation legacy that has been created by Pittman-Robertson: “Montana hunters take pride in being the primary source of funding for state wildlife management agencies through the Pittman-Robertson Act as well as hunting/fishing license sales. These funding mechanisms are critical to the future persistence of both game and nongame species. We again urge you to listen to the voices of hunters across the state and withdraw your support for H.R. 8167.” 

Signers of the letter included the Montana Wildlife Federation, Ravalli County Fish and Wildlife Association, Laurel Rod and Gun Club, Bearpaw Bowmen, Hellgate Hunters and Anglers, Montana Artemis Alliance, Helena Hunters and Anglers, American Bear Foundation, Flathead Wildlife Inc., Montana Union Sportsmen’s Alliance, Anaconda Sportsmen’s Club, Public Land Water Access Association and Traditional Bowhunters of Montana. 

Contact: Frank Szollosi, executive director, Montana Wildlife Federation, 406-417-9909

Jeff Lukas – MWF Elk Campaign Manager

Jeff Lukas

Conservation Director

Jeff Lukas is a passionate conservationist who has been fishing and hunting his entire life. Whether it’s floating a small stream chasing trout, pursuing elk in the high country, or waiting in a blind for ducks to set their wings, Jeff is always trying to bring more people afield to show them what we are trying to protect. He loves being in the arena, and he will never shy away from conversations about the beautiful and unique corners of Big Sky country.