COMPREHENSIVE RESOURCE USE PLAN FOR BEAVERHEAD COUNTY, MONTANA
July 26, 1999
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TABLE OF CONTENTS
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Introduction ..2
Beaverhead County .. 5
Custom and Culture .. 6
Economics . .. 9
Constitutional Principles and Private Property .. 12
Land Tenure, Acquisition, Disposition and Use . 12
Multiple Use and Coordination with Federal and State Agencies . 14
Primary Planning Guidelines 29
Community Stability .. 30
Livestock Grazing .. .. .. .. . . 31
Irrigation and Agriculture .. .. .. .. .. ....... 32
Management of Vegetation .... .. .. . . 32
Juniper, Douglas Fir and Sagebrush Encroachment . . 34
Fire management .. . . 34
Noxious Weeds . . . . .. . 35
Forest Management ... . 35
Water Rights . . . . . . . . .. . 38
Ditches and Canals . 38
Water and Hydrology .. .. .. .. ... .. 39
Water Quality . 39
Riparian Areas . . .. 41
Wetlands .. 41
Predator Control .. .. .. .. .. 42
Wildlife 43
Fisheries .. .. .. .. .. 43
Recreation .. .. .. .. 43
Energy and Mineral Resources 44
Cultural, Geologic, and Geographic Resources . 45
Wilderness .. .. .. .. ... 46
Wild and Scenic Rivers .. .. .. .. .. .. .. 48
Threatened, Endangered, and Sensitive Species . 48
Roads: Access and Transportation 49
Law Enforcement .. .. .. .. 50
The Continuing Process . 53
Appendix 1 25% Fund Payments to Montana Counties . 55
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INTRODUCTION
Beaverhead County is a general law county and, as such is a political subdivision of the State of Montana, having corporate powers and exercising the sovereignty of the State of Montana within its boundaries, as provided in the Montana Constitution, those powers specified by statute and those necessarily implied therefrom. Only the Beaverhead County Board of County Commissioners (hereinafter referred to as the "Board", or can exercise the powers of the county by agents and officers acting under the authority of the Board. The Board serves as the Chief Executive authority of the county government and is charged by law with performing all duties necessary to the full discharge of these specified and implied executive duties. The Board is charged with governing Beaverhead County in the best interest of all its citizens and one of its critical duties is to supervise and protect the tax base of the county. The Board is well aware that the historical, overriding, and predominant goal of the county's citizens, and therefore its government, has been the continuation of a lifestyle which assures quiet enjoyment of private property rights and property interests and assures the highest degree of protection of these rights. Property rights and interests are important to the people who live and work in this remote, rugged county, which has an area larger than some states, but the population of a small town. People who live in this county are reliant upon the land and its productive use. Private ownership and the incentive provided by private ownership is a driving force that supports the livelihood of all Beaverhead County citizens. The Board is also well aware that at this time federal- and state-managed lands make up over sixty-nine percent of area of Beaverhead County. Moreover, the county's economy is dependent on changes to federal and state lands and that these changes affect the privately held land. To a substantial degree, the county and its people are at the mercy of state and federal planning decisions that are often detrimental to local communities and citizens.
The Board believes that the American concept of "government of the people, by the people and for the people" is best served when government affairs are conducted as close to the people as possible (i.e. at the county level). The Board is charged to carry out its specified and inherent duties to operate the government of Beaverhead County in the best interests of all its citizens and to protect and preserve the county's tax base. To this end, the Board finds it necessary to expand its land use planning into the use and management of federally and state managed lands in the county. The Board has reached its decision because of the large area of the county that is managed by either the federal or the state government, and because the use and management of that land has severe impact on the economic stability of Beaverhead County. The Board is therefore legitimately interested in fully participating in the planning utilized by federal and state agencies for determining and implementing their land use plans in Beaverhead County. The Board's interest extends to plan formulation, development, and implementation (which include monitoring and evaluation). The Board shall establish a community-based committee to advise and assist the Board in formulating county policy with respect to federal and state lands. For purposes of this interim plan, the committee shall be known as the Resource Use Committee and the plan they are working on shall be known as the Resource Use Plan. It is the intent of Beaverhead County government to protect the custom and culture of county citizens through protection of private property rights, the facilitation of a free market economy, and the establishment of a process to ensure self-determination by local communities and individuals. It is the policy of Beaverhead County that federal and state agencies shall hereafter inform the local government of all pending actions, both within and without the boundaries of Beaverhead County, affecting local communities and citizens and to coordinate with them in the planning and implementation of those actions. The Beaverhead County Board of County Commissioners, when affected by such actions shall be consulted and coordinated with in accordance with the laws of Montana and the laws of the United States. Federal and state laws require all federal and state agencies to coordinate with the Board of County Commissioners and consider the County Plan for the purpose of planning and managing federal and state lands within the geographic boundaries of Beaverhead County, Montana. Federal and state agencies proposing actions that will impact the Plan shall prepare and submit in writing, and in a timely manner, report(s) on the purposes, objectives and estimated impacts of such actions, including economic, to the Beaverhead County Board of County Commissioners, 2 South Pacific Street, Dillon, MT 59725 for review. The Board will then make a recommendation in regard to appropriate action to be taken by the County.
BEAVERHEAD COUNTY
Beaverhead County is located in the southwest corner of Montana. It is the largest county in the fourth largest state in the country. It is sparsely populated with only 1.47 persons per square mile, and a total population of 8,400. The county covers an area of 5,560 square miles (3.55 million acres). Sixty-nine percent of the lands are owned by the federal and state governments (59% federal, 10% state) and 31 percent is privately owned. The county is bounded on the north, west, and south by the continental divide, which separates the watersheds of the Mississippi River system and the Columbia River system. The region is characterized by rugged mountain ranges separated by broad valleys. Irrigated and partially irrigated croplands (hay, potatoes, barley, and wheat) are located in the valleys with pasture in river and stream bottoms for a total in excess of 200,000 acres. There are more than 2,000,000 acres of range providing excellent forage for cattle and sheep. Woodland and forest trees are predominately Lodgepole Pine and Douglas Fir. Over half of the 1,050,000 forested acres are grazed. Another 20,000 acres consists of wilderness and primitive areas, and 35,000 acres are in the Red Rock Lakes National Wildlife Refuge, wetlands preserve. About 500 acres of county land has been subdivided. The county's economy has been historically based on natural resource s: agriculture, forestry, and mining. Beaverhead County leads Montana in cattle and hay production. A talc mine and mill employs about 100 people. About twenty percent of the population is dependent upon agriculture and forestry. The county has sizeable government and educational employment at Western Montana College of the University of Montana and a variety of federal and state offices. The first written record of this area came from the journals of the Lewis and Clark expedition in 1805 and 1806. Due to difficulty of access, Beaverhead County saw little settlement until the discovery of gold in 1862. The first territorial legislative assembly of Montana created Beaverhead County 1863. The county held its first election October 30 of that year, and elected three county commissioners. When Montana Territory was created in 1864, Beaverhead was included within its boundaries, and made a county of Montana Territory. Bannack was named the capitol of Montana Territory in 1864. Agriculture was initially stimulated in Beaverhead County by mining activities. Some of Montana's earliest livestock operations were established here. By 1880, mining and ranching in the area stimulated the expansion of the railroad from Salt Lake City, Utah, to Butte, Montana. This railroad, now the Union Pacific resulted in the development of several communities in the county. The city of Dillon, established in 1880, and historically the county's largest urban settlement, was a rail distribution center. The towns of Lima and Dell also have railroad roots. The economy continues to be heavily dependent on the natural resources. Dillon continues to serve as the area's regional service center, while the county's other settlements have remained small, and in some cases have simply disappeared from lack of economic viability. Beaverhead County's greatest challenge in the coming decade will be dealing with its economy. Over the past several decades the county's basic economic sectors have been stagnating or declining. The lack of growth and diversification in the county's economy is reflected in declining real income and earned income, an out-migration of the young working -age groups, an increased percentage of lower income population, and declining business activity. These trends are typical of most of America's small intermountain West rural farming and ranching communities. This poses a challenge to the very fabric of these rural communities and the lifestyle they represent. The decade ahead will pose a difficult problem to Beaverhead County. How the community faces that challenge will dictate the face of Beaverhead County for the decades to come.
CUSTOM AND CULTURE
The history of Beaverhead County is steeped in the tales of rich gold and silver mines, which attracted the first non-native settlers. From the first mining efforts in the early 1860s to the present day, mining has been important to the people who first settled here and to those who now live in this county. Today, many people still actively work mining claims, and talc mining is an important part of the county economy. The development of the early gold and silver mines stimulated the development of agriculture. Trail herds of cattle from Texas, California. and Oregon were driven in and sheep were introduced early to provide beef and mutton for the miners. As ranchers began to develop base properties as permanent sites for livestock, they recognized that transient trail-drivers endangered the quality of their range. Early Beaverhead County ranchers sought the help of Congress to protect the quality of the range in the early 1900s, some thirty years before the Taylor Grazing Act was passed. Access rights-of-way and water rights were historically critical to the early settlers, and they remain critical today. The federal government owns 59% of the 3.55 million acres of land in Beaverhead County. The state of Montana owns 10%, leaving only 31% in private ownership. As a result, a map of the county shows a checkerboard of federal, state, and private land. Access across the federal land is necessary for many private landowners to access their property, to use their water rights, and to exercise their grazing rights. In 1866 the Congress enacted law to provide and protect access across federal lands for miners and others reliant upon water to earn their livelihood. That act, Revised Statute 2477 (RS 2477), provided simply that "The right-of-way for the construction of highways over public land, not reserved for public uses, is hereby granted." Beaverhead County miners and ranchers developed such rights-of-ways in the forms of roads and trails which continue to be used today. The Montana Legislature passed a statute in 1993 establishing a procedure by which counties could provide for recording of such rights-of-way established under the 1866 law. Beaverhead County's Board of Commissioners has been working to determine and document the rights-of-way in the county that fall under RS 2477. Early farmers and ranchers established water rights through the doctrine of prior appropriation. The earliest adjudicated rights in Beaverhead County date to 1863. As subsequent efforts were made to control the water, the landowners brought suit to protect their prior appropriation rights. Today, holders of water rights are still struggling to preserve their rights against encroachment. The custom and culture of Beaverhead County has never altered from its historic beginnings. Mining, ranching, and farming provide the heritage of the county's residents, and they continue those activities today. Life was never easy for the settlers of this county. This is a land in which nature plays the upper hand. Water is scarce and access is difficult. The early settlers of this land worked hard to establish their livelihood, and today's residents work equally hard to maintain that livelihood. The early settlers were diligent in pursuing legal protection of their property rights. Today's residents continue with that diligence. In recent years, increased recreational use of the land in Beaverhead County has grown rapidly. Montanans and out-of-state visitors have flocked to the county for recreation: snowmobiling, skiing, horseback riding, hiking, prospecting, fishing, hunting, camping and other outdoor activities. The potential for conflict between these users and those residents who make their living on the land is great. Cooperative efforts on both sides have kept the conflict to a minimum. Diverse recreational uses have resulted in uses that directly affect open-space issues in Beaverhead County. Private property rights and interests are important to the residents of Beaverhead County. Private ownership and the incentives provided by that ownership is a driving force behind the creativity and determination, which determines the culture and lifestyle of the county.
ECONOMICS
One of the biggest problems facing local governments today is the loss of tax base. In order for any community to provide needed schools, health care, police protection and other services, industry and commerce within the community must be encouraged and strengthened. A primary intent of this Plan is to foster cooperation and coordination with federal and state management agencies, and all adjacent counties where there is a community of interests. These interests include but are not limited to grazing, farming, timber, mining, recreation, wildlife and all other activities related to, and reliant upon, the availability of natural resources on federal and state managed lands within their respective jurisdictions. Counties and states are not allowed to tax the federal lands within their boundaries, but the federal government has several mechanisms to reimburse local government for the loss of taxes. Therefore, it is important to know the amount of federally owned land and the kind and amount of reimbursement that local governments receive. More importantly, we must understand how activities and management actions on these federally controlled lands impact the economic underpinnings of the local community. Payments to support local communities are derived from federal lands through the following mechanisms: 25% or Forest Reserve Fund Payment in Lieu of Taxes (PILT) Taylor Grazing Act Section 3 and Section 15 Refuge Revenue Sharing Act
FOREST RESERVE OR 25% FUND
Thirty-four Montana counties that have National Forest lands located within their borders receive Forest Reserve payments. These payments are calculated annually and are 25% of the revenue earned by the national forests within their respective counties. This revenue is derived from timber sales, grazing fees, land use fees, recreation charges, utility fees, mineral revenues, and admission or user fees. The funds when sent to the counties are earmarked for schools and roads. A ten-year assessment of the 25% funds received annually by the thirty-four Montana counties containing National Forest acreage in Montana shows Beaverhead County at the bottom of the list for payment per acre of National Forest Land. A complete list of the 34 counties showing National Forest acreage and Forest Reserve payments is shown in Appendix 1. Appendix 1 shows that Beaverhead County receives only $0.0999 per acre for its 1,370,363 acres of Forest Service land. This is an annual average total of $136,897. A one-cent increase in revenue per acre amounts to $13,704 annually for Beaverhead County. PILT "Payment In Lieu of Taxes" or PILT payments are distributed annually by the Bureau of Land Management (BLM). These payments are based on the "entitlement acres" for each county. "Entitlement acres" is the total acreage in the county that is owned by the U.S. Forest Service, BLM, National Park Service, Corps of Engineers, and the Fish and Wildlife Service. These payments to counties are in addition to payments received under other laws, with certain exceptions and deductions. County governments may use PILT payments for any purpose they choose. PILT PAYMENTS TO BEAVERHEAD COUNTY: Beaverhead County has a total of 2,051,756 PILT entitlement acres and ranks second in the state for total entitlement acres behind Flathead County with 2,446,724. Because Beaverhead County has such a large number of entitlement acres, the PILT funding is subject to a population ceiling. Furthermore, PILT is funded at the discretion of the US Congress PILT is never funded at 100%. Following are some percentage levels for PILT funding authorized by Congress: Year Percent Funded 1995 77.40% 1996 68.30% 1997 55.30% 1998 45.60%
Beaverhead County receives an average of $239,793 in PILT receipts. An analysis of the average income for the last ten years from federally managed lands in the four Counties with over one million acres of National Forest land shows Beaverhead County lagging 50% behind neighboring Ravalli County.
Ten Year-Average Annual Receipts for Counties Having Over ONE MILLION Acres Of National Forest Lands
County National Forest 25% Fund PILT PILT Total Average Acres Receipts Acres Receipts Income per year Beaverhead 1,370,363 $136,897 2,265,167 $239,793 $376,690 Flathead 1,787,379 $1,038,272 2,446,724 $394,954 $1,433,226 Lincoln 1,762,173 $4,655,346 1,779,994 $177,819 $4,833,165 Ravalli 1,116,162 $219,030 1,108,246 $538,647 $757,677
TAYLOR GRAZING ACT SECTIONS 3 AND 15
Taylor Grazing Act Section 3 lands are those lands operated under organized grazing districts. Taylor Grazing Act Section 15 are those lands operated outside of organized grazing districts. Under both Section 3 and Section 15 the BLM retains 50% of the revenues, which are earmarked for the Range Betterment Fund, to be used to improve the general condition, management, and productivity of the ranges. The remaining 50% are dispersed differently for Section 3 and for Section 15 lands: Section 3 lands) After the BLM share, 12½% goes to the State Treasury, and 37½% is sent to the US Treasury. The State Treasurer then pays the 12½% to the counties based on each grazing district's acreage as a percent of the total acreage. For Section 15 lands, after the BLM retains 50% of the revenue for the Range Betterment Fund, the remaining 50% is sent to the State Treasurer, who then forwards it to the county of origin.
REFUGE REVENUE SHARING ACT
This Act allows for payment to counties for lands acquired to create national wildlife refuges.
Beaverhead County ranks first in the State of Montana for total acres of combined Forest Service and BLM administered lands USFS and BLM Administered Lands Beaverhead 2,035,662 Flathead 1,787,379 Lincoln 1,762,173 Ravalli 1,108,246
CONSTITUTIONAL PRINCIPLES AND PRIVATE PROPERTY
The Resource Use Committee, the Board and the people of Beaverhead County accept, support, and sustain the Constitutions of the United States and the State of Montana. The Constitution of the United States, Article 1, Section 8, clauses 17 and 18 limits the authority of the federal government to own only specific lands. We hereby reaffirm our rights that all lands in Beaverhead County not so specifically designated in Article I, Section 8, clauses 17 and 18 of the United States Constitution be managed in coordination with the Resource Use Committee, the Board and thereby the citizens of this county. Further, the Resource Use Committee, the Board, and the people of Beaverhead County reaffirm the fundamental rights of mankind as enumerated in the Declaration of Independence and acknowledge the limited nature of government as intended by the nation's founding fathers. Based on these cherished traditions, we declare that all natural resource decisions affecting Beaverhead County shall be guided by the principles of protecting private property rights, protecting local custom and culture, maintaining traditional economic structures through self-determination, opening new economic opportunities through reliance on free markets, and enhancing environmental quality .
LAND TENURE, DISPOSITION, ACQUISITION AND USE
Only 31% of the land in Beaverhead County is private and is the land that comprises the County tax base that must support all County services. The Board believes that land tenure adjustments for any government agency must provide for no net loss of private land, private property rights and interests including investment-backed expectations, or loss of property tax revenue to Beaverhead County. Exchanges of government land with private landowners to adjust property lines for improvement of management of either or both will be sought. Isolated tracts of federally managed lands, which could be better and more efficiently managed by the private sector, will be identified and recommended for sale. The Board recognizes that land is essential to local industry and residence. It shall be the policy of this county that the design and development of all federal and state land dispositions and acquisitions, including land adjustments and exchanges, be carried out for the residents of Beaverhead County and meet the following conditions: The county shall suffer no net loss in tax revenue. Private property interests are protected and enhanced. Citizens of Beaverhead County shall suffer no adverse aggregate economic impacts. Increase local economic development by increasing the amount of privately controlled land within the county. Increase opportunities for local economic development by increasing the private use of federal- and state-controlled land within the county. Federal and state land agencies should not acquire any private lands or rights in private lands within Beaverhead County without first ensuring compliance with the items listed above. Federal- and state-managed lands that are difficult to manage, or which lie in isolated tracts should be considered for exchange or sale. The general public and the Beaverhead County Board of Commissioners shall be notified of, consulted with, and otherwise involved in all federal and state land adjustments in Beaverhead County. The County shall review all proposed changes to see if the proposal is in the best interest of the county. It shall review and make recommendations on proposed public land withdrawals for hazardous and non-hazardous waste storage, as well as the types of such waste. Before federal and state land agencies can change land use, impact studies on the proposed change shall be conducted at the expense of the agency proposing the change, and mitigation measures adopted in coordination with Beaverhead County. Impact studies shall, as needed, address community stability, local custom and culture, grazing rights, flood prone areas, access, and any other area identified as a concern to the local community.
MULTIPLE USE AND COORDINATION WITH FEDERAL AND STATE AGENCIES
This Plan provides a positive guide for the Resource Use Committee and the Board to coordinate efforts with federal and state land management agencies. This will insure that the development and implementation of land use plans and management actions are compatible with the best interests of Beaverhead County and its citizens. The Plan is designed to facilitate continued, revitalized, and varied usage of federally and state managed lands in the county. The Resource Use Committee, the Board, and the citizens of Beaverhead County recognize that federal law mandates coordinated planning of federally managed land with local governments. They positively support varied use of these lands. This varied usage necessarily includes continuation of the historic and traditional economic uses, which have been made of federal- and state-managed lands within the county. It is therefore the policy of Beaverhead County that federal and state agencies shall inform the Board of all pending or proposed actions affecting local communities and citizens, and coordinate with the Board in planning and implementation of those actions. Federal laws governing land management mandate this planning coordination. They include, but are not limited to, the following particulars:
BUREAU OF LAND MANAGEMENT:
The Federal Land Policy and Management Act, 43 U.S. Section 1701, states the National Policy to be: "the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other federal and state planning efforts." See 43 USC Section 1701 (a)(2). 43 U.S.C.
Section 1712 (c) sets forth the "criteria for development and revision of land use plans." Section 1712 (c) (9) refers to the coordinate status of a county thatis engaging in land use planning. It requires that the Secretary [of Interior] shall "coordinate the land use inventory, planning, and management activities with the land use planning and management programs of other federal departments and agencies and of the State and local governments within which the lands are located." Section 1712 also provides that the "Secretary shall assist in resolving, to the extent practical, inconsistencies between federal and non-federal government plans." These provisions give preference to those counties who are engaging in land-use planning. Counties with a planning program thus have preference over the general public, special interest groups, and even counties not participating in land-use planning. Because of the requirement that the Secretary [of the Interior] "coordinate" land use, inventory, planning, and management activities with local governments, it is reasonable to read the requirement of assisting in resolving inconsistencies to mean that the resolution process takes place during planning instead of at completion of planning when the draft federal plan is released for public review. The section further requires that the "Secretary [of the Interior] shall "provide for meaningful public involvement of state and local governmental officials... in the development of land use programs, land use regulations, and land use decisions for public lands." When read in the light of the "coordinate" requirement of this section, it is reasonable to conclude "meaningful involvement" to refer to on-going consultations and involvement throughout the planning phase, not merely at the end. This latter provision of the statute also distinguishes local government officials from members of the general public or special interest groups.. Section 17 I2 (c)(9) further provides that the Secretary of the Interior must assure that the BLM's land use plan be "consistent with State and local plans" to the maximum extent possible under federal law and the purposes of the Federal Land Policy and Management Act (FLPMA). It is reasonable to read this statutory provision in association with the requirement of coordinated involvement in the planning process. The provisions of Section 1712(c)(9) set forth the nature of the coordination required by the Bureau with planning efforts by Indian tribes, other federal agencies, and state and local government officials. Subsection (f) of Section 1712 sets forth an additional requirement that the Secretary of the Interior "shall allow an opportunity for public involvement" which again includes Federal, State and local governments. The "public involvement" provisions of Subsection (f) do not limit the coordination language of Section 1712(c)9 or allow the Bureau to simply lump local government officials with special interest groups of citizens or members of the public in general. The coordination requirements of Section 1712(c)9 set apart for special involvement those government officials who are engaged in land use planning as is the case in Beaverhead County. This statutory language that gives preference to the county makes sense because it is already engaged in land use planning. The Board has an obligation to plan for future land use to serve the welfare of all of the people county, and to promote continued operation of the government in the best interest of the people of Beaverhead County. Historically, the Congress, the Bureau of Land Management, and the Federal Courts have recognized that community economic stability is an important consideration in the management of federally managed lands. In interpreting the Taylor Grazing Act, 43 U.S.C. Section 315 et seq. (the Act which created the agency, that become the Bureau of Land Management), the Courts have recognized the purpose of the Act "is to stabilize the livestock industry and to permit the use of public range according to needs and qualifications of livestock operators with base holdings." See Chournos v. United States, 193 Fd2d 321 (10th Cir. Utah 1951), Cert den. 343 U.S. 977 (1952). In Red Canyon Sheep Co. v. Ickes, 98 Fd2d 308 (1938), the Court stated that the purpose of the Taylor Grazing Act is to provide the "most beneficial use possible of public range because the livestock industry of the West is an important source of food supply for the people of the nation." Red Canyon also pointed out that "in the interest of the stock growers themselves" the Act was intended to define "their grazing rights and to protect those rights by regulation against interference." Similarly, Bureau of Land Management Regulations themselves mandate the agency to coordinate its land use plans with local governments that have adopted comprehensive land use plans of their own. Some of these are shown below: 43 C.F.R. Section 1601.3-1(a) In addition to public involvement, the BLM is obligated to coordinate its planning processes with land use plans of local governments. 43 C.F.R. Section 1610.3-1(c)(1) "In providing guidance to BLM personnel, the BLM State Director shall assure such guidance is as "consistent as possible with existing officially adopted and approved resource related plans, policies or programs of other State agencies, Indian tribes and local governments that may be affected ...." 43 C.F.R. Section 1610.3-l(e) The BLM is obligated to take all practical measures to resolve conflicts between federal and land use plans of local government.. 43 C.F.R. Section 1610.3-2(a) The BLM plan must be consistent with officially approved and adopted local land use plans, so long as such local plans are consistent with federal law and regulations. 43 C.F.R. Section 1610.3-2(e) Prior to BLM resource management plan or management framework plan approval, the BLM shall submit to the governor a list of known inconsistencies between the BLM plans and local plans. 43 C.F.R. Section 1610.3-2(c) The BLM has no duty to make its plan consistent with a local government plan if the local government does not notify the BLM existence of its local plan.
U.S. FOREST SERVICE
Pertinent parts of United States Forest Service Regulations are, as follows:
16 U.S.C. Section 1604(a) The Secretary of Agriculture shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies.
36 C.F.R. Section 221.3(a)(l) The Forest Service is obligated to consider and provide for "community stability"1 in its decision making processes. See also S. Rept. No. 105.22; 30 Cong. Rec. 984 (I897); The Use Book at 17. 36 C.F.R. Section 219.7(a) The Forest Service is obligated to coordinate with equivalent and related planning efforts of local governments. 36 C.F.R. Section 219.7(d) The Forest Service is obligated to meet with local governments, to establish a process for coordination. At a minimum, coordination and participation with local governments shall occur prior to Forest Service selection of the preferred management alternative. 36 C.F.R. Section 219.7(d) The Forest Service in its decision-making processes is obligated to coordinate2 with local governments prior to selection of the preferred management alternative. 36 C.F.R. Section 219.7(c) The Forest Service is obligated, after review of the county plan, to display the results of its review in an environmental impact statement. See also 40 C.F.R. Sections 1502.16(c) and 1506.2 36 C.F.R. Section 219.7(c)(4) The Forest Service is obligated to consider alternatives to its proposed alternative if there are any conflicts with county land use plans. 36 C.F.R. Section 219.7(f) The Forest Service is required to implement monitoring programs to determine how the agency's land-use plans affect communities adjacent to or near the national forest being planned.
COURT CASES UPHOLDING LOCAL LAND USE PLANNING
California Coastal Commission v. Granite Rock Co., 480 U.S. 572 (1987) State land use planning is allowed on federal lands as long as such land use planning does not include zoning. Federal agencies cannot claim "Constitutional Supremacy" if the agency can comply with both federal law and the local land use plan. Wisconsin Public U.S. Intervenor v. Mortier, 111 S. Ct. 2475 (1991) When considering preemption, the U.S. Supreme Court will not assume that the State's historic powers are superseded by federal law unless that is the clear manifest purpose of Congress
ENDANGERED SPECIES ACT
Montana Farm Bureau Federation, et al. v. Babbitt, No. 93-0168-E-HLR (Dec. 14, 1993) The Fish and Wildlife Service is required to follow all procedural mandates in the Endangered Species Act (ESA) when listing a species as threatened or endangered, including (1) listing the species within one year of publication of the notice of proposed listing, otherwise Fish and Wildlife Service must withdraw the regulation. (2) providing actual notice to local governments prior to listing; (3) providing adequate public review of data used to list the species; and (4) adequately considering and responding to public comments regarding the proposed listing. 16 U.S.C. Section 1533(b)(5)(A)(ii) Not less than ninety days before the effective date of the regulation, the Fish and Wildlife Service is required to give actual notice to local governments of its intent to propose a species for listing or change or propose critical habitat. 50 C.F.R. Section 423.16(c)(i)(ii) Once notified, the local government has the opportunity to comment on the proposed species listing or critical habitat designation. 16 U.S.C. Section 1533(i) The Fish and Wildlife Service must directly respond to the "State agency"3 16 U.S.C. Section 1533(f)(5) Other federal agencies must also consider local government and public comments regarding the management of threatened or endangered species. 16 U.S.C. Section 1533(b)(1)(A) The listing of a species as threatened or endangered by the Fish and Wildlife Service is to be based on the best scientific and commercial data available. 16 U.S.C. Section 1533(b)(1)(A) The Fish and Wildlife Service shall list species only after taking into account efforts of state or political subdivisions to protect the species. 16 U.S.C. Section 1533(b)(2) Critical habitat designations must take economic impacts into account. Areas may be excluded as critical habitat based upon economic impacts unless the failure to designate the area as critical habitat would result in extinction of the species. Douglas County v. Lujan, 810 F. Supp. 1470 (1992) The Fish and Wildlife Service is required to complete full National Environmental Policy Act (NEPA) documentation when designating critical habitat. 16 U.S.C. Section 1533(f)(1) The Fish and Wildlife Service shall develop and implement recovery plans for the survival of endangered species unless it finds that such a plan will not provide for conservation of the species. National Wildlife Federation v. Coleman, 529 F2d 359 (1976) cert. denied 429 U.S. 979 (1977) Pursuant to the Endangered Species Act, the Fish and Wildlife Service is responsible for species listing, the designation of critical habitat and the development of protective regulations and recovery plans. Once a species is listed, federal agencies have the responsibility to consult with the Fish and Wildlife Service under Section 7 of the ESA. However, once consultation has occurred, the agency is then free to make the final determination. The Fish and Wildlife Service does not have veto power over federal agency actions. 54 Fed. Reg. 554 (January 6, 1989) The Sensitive Species Program was created on January 6, 1989 by the Fish and Wildlife Service and is implemented by all federal agencies. These federal agencies are to give "special consideration" to those plant and animal species that the Fish and Wildlife Service is considering for listing but lacks the scientific data to list.
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The National Environmental Policy Act requires that all federal agencies consider the impacts of their actions on the environment and on the preservation of the culture, heritage, and custom of local government. 16 U.S.C. Section 4331 "It is the continuing responsibility of the federal government to use all practicable means, consistent with other essential considerations of national policy, to... preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice." Thus, by definition, the National Environmental Policy Act requires federal agencies to consider the impact of their actions on the custom of the people as shown by their beliefs, social forms, and "material traits". It is reasonable to read this provision of the National Environmental Policy Act as requiring that federal agencies consider the impact of their actions on rural resource-dependent counties. Beaverhead County is such a county. For generations, families have depended upon the "material traits" of ranching, farming, mining, timber production, wood products, hunting, fishing, outdoor recreation, and other resource- based lines of lines of work for their economic livelihoods.
42 U.S.C. Section 4332 (2)(c) All federal agencies shall prepare an environmental impact statement (EIS) or an environmental assessment (EA), (i.e. a NEPA document) for "every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment." 42 U.S.C. Section 4332 (c)(iii) Such ElS or EA shall include, among other things, alternatives to the proposed action. 42 U.S.C. Section 4332 (c) Copies of comments by State or local governments must accompany the EIS or EA throughout the review process. 40 C.F.R. Section 1502.16(c) Each NEPA document shall include a discussion of possible conflicts between the proposed federal action and local land use plans. 40 C.F.R. Section 1506.2 (b) Federal agencies shall "cooperate to the fullest extent possible" to reduce duplication with state and local requirements. Cooperation shall include: (1) Joint planning (2) Joint environmental research (3) Joint hearings (4) Joint environmental assessments
40 C.F.R. Section 1506.2 (d) Environmental impact statements must discuss any "inconsistency of a proposed plan with any approved state or local plan and laws (whether or not federally sanctioned)." Where inconsistencies exist, the EIS should describe the extent to which the agency would reconcile the proposed action to the plan or law. 40 C.F.R. Section 1508.20(e) Mitigation includes (a) avoiding the impact altogether, (b) limiting the degree of the impact, (c) repairing, rehabilitating or restoring the affected environment, (d) reducing the impact by preservation opportunities, or (e) compensating for the impact by replacing or providing substitute resources or environments. Douglas County v. Lujan 810 F. Supp. 1470 (1992) A local government, because of a concern for its environment, wildlife, socio-economic impacts, and tax base, has standing to sue federal agencies and seek relief for violations of NEPA.
WILD AND SCENIC RIVERS ACT 16 U.S.C.
Section 1271 It is Congressional policy to protect "... historic, cultural or other similar values in free-flowing rivers or segments thereof." 16 U.S.C. Section 1279 (b) Wild and scenic river designations on federal lands cannot affect valid existing rights. 16 U.S.C. Section 1282 (b) The Secretary of the Interior, the Secretary of Agriculture, or the head of any other Federal agency, shall assist, advise and cooperate with states or their political subdivisions .... to plan, protect, and manage river resources. Such assistance, advice, and cooperation may be through written agreements or otherwise. 16 U.S.C. Section 1276(c) The study of any river for designation under the Act shall be pursued in as close cooperation with appropriate agencies of the affected state and its political subdivisions as possible, [and] shall be carried on jointly if request for such joint study is made by the state .... '' 16 U.S.C. Section 1281(e) The Federal agency charged with the administration of any component of the national wild and scenic rivers system "may enter into written cooperative agreements with the appropriate official of a political subdivision of a state for state or local governmental participation in the administration of the component." 16 U.S.C. Section 1283 (c) Wild and scenic river designations cannot affect valid existing leases, permits, contracts or other rights. 16 U.S.C. Section 1277(c) The federal government is precluded from condemning or taking private land adjacent to a wild or scenic river so long as the local zoning ordinances protect the value of the land.
HISTORIC PRESERVATION ACT REGULATIONS
36 C.F.R. Section 800.5(e)(1)(i) If a federal, state, or local action is determined to have an adverse affect on a historic property, the state and federal Historic Preservation officer shall consult with the head of the local government, if requested by the local government.
CLEAN AIR ACT
33 U.S.C. Section 1251(g) Federal agencies shall cooperate with state and local agencies to develop comprehensive solutions to prevent, reduce, and eliminate pollution in concert with programs for managing water resources. 33 U.S.C. Section 1252 (A) The Environmental Protection Agency (EPA) "shall, after careful investigation, and in cooperation with other federal agencies, state water pollution control agencies, interstate agencies, and the municipalities and industries involved, prepare or develop comprehensive programs" for preventing water pollution.
SOIL AND WATER RESOURCES CONSERVATION ACT
16 U.S.C. Section 2003(b) "Recognizing that the arrangements under which the federal government cooperates through conservation districts with other local units of government and land users, have effectively aided in the protection and improvement of the nation's basic resources it is declared to be the policy of the United States that these arrangements and similar cooperative arrangements should be utilized to the fullest extent practicable " 16 U.S.C. Section 2008 "In the implementation of the Act, the Secretary [of Agriculture] shall utilize information and data available from other federal, state and local governments. "
RURAL ENVIRONMENTAL CONSERVATION ACT
16 U.S.C. Section 1508 "The Secretary [of Agriculture] shall, in addition to appropriate coordination with other interested federal, state, and local agencies, utilize the services of local, county, and state soil conservation committees ."
RESOURCE CONSERVATION ACT OF 1981
16 U.S.C. Section 3411 (5) Congress finds solutions to "chronic erosion-related problems should be designed to address the local social, economic, environmental. and other conditions unique to the area involved to ensure that the goals and policies of the federal government are effectively integrated with the concerns of the local community .... " 16 U.S.C. Section 3432 "The local unit of government is encouraged to seek information from and the cooperation of ... (2) agencies of the Department of Agriculture or other federal agencies .... " 16 U.S.C. Section 3451 "It is the purpose of this subtitle to encourage and improve the capability of state and local units of government and local nonprofit organizations in rural areas to plan, develop, and carry out programs for resource conservation and development." 16 U.S.C. Section 3455 "In carrying out the provisions of this subtitle, the Secretary [of Agriculture] may (2) cooperate with other departments and agencies of the federal government, state, and local units of government and with local nonprofit organizations in conducting surveys and inventories, disseminating information, and developing area plans .... " 16 U.S.C. Section 3456 (a)(4) The Secretary of Agriculture may provide technical and financial assistance only if "the works of improvement provided for in the area plan are consistent with any current comprehensive plan for such area."
PRESIDENTIAL EXECUTIVE ORDER 12866 - REGULATORY PLANNING AND REVIEW
(September 30, 1993) INTRODUCTION: "The American people deserve a regulatory system that works for them, not against them: a regulatory system that protects and improves health, safety, environment, and well being and improves the performance of the economy without imposing unacceptable or unreasonable costs on society; regulatory policies that recognize that the private sector and private markets are the best engine for economic growth; regulatory policies that respect the role of state, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such a system today." Section I (b)(9) "Wherever feasible, agencies shall seek views of appropriate state, local and tribal officials before imposing regulatory requirements that might significantly or uniquely affect those governmental entities. Each agency shall assess the effects of federal regulations on state, local, and tribal governments, including specifically the availability of resources to carry out those mandates, and seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving regulatory objectives. In addition, as appropriate, agencies shall seek to harmonize federal regulatory actions with related state, local and tribal regulatory governmental functions." Section 5(b) "State, local and tribal governments are specifically encouraged to assist in the identification of regulations that impose significant or unique burdens on those governmental entities and that appear to have outlived their justification or be otherwise inconsistent with the public interest." Section 6 (a)(1) "In particular, before issuing a notice of proposed rule making, each agency should, where appropriate, seek the involvement of those who are intended to benefit from and those who are expected to be burdened by any regulation (including, specifically, state. local and tribal officials) .... Each agency also is directed to explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rule making."
PRESIDENTIAL EXECUTIVE ORDER 12630 - GOVERNMENTAL ACTIONS AND INTERFERENCE WITH CONSTITUTIONALLY PROTECTED PROPERTY RIGHTS
(March 15, 1988) Section 1 (a) "The Fifth Amendment of the United States Constitution provides that private property shall not be taken for public use without just compensation .... Recent Supreme Court decisions, however, in reaffirming the fundamental protection of private property rights provided by the Fifth Amendment and in assessing the nature of governmental actions that have an impact on constitutionally protected property rights, have also reaffirmed that governmental actions that do not formally invoke the condemnation power, including regulations, may result in a taking for which just compensation is required." Section 1(c) "The purpose of this Order is to assist federal departments and agencies in undertaking such reviews and in proposing, planning, and implementing actions with due regard for the constitutional protections afforded by the Fifth Amendment and to reduce the risk of undue or inadvertent burdens on the public fisc resulting from lawful governmental action." Section 3(c) "The Just Compensation Clause [of the Fifth Amendment] is self actuating, requiring that compensation be paid whenever governmental action results in a taking of private property regardless of whether the underlying authority for the action contemplated a taking or authorized the payment of compensation. Accordingly, governmental actions that may have significant impact on the use of value or private property should be scrutinized to avoid undue or unplanned burdens on the public fisc."
PRIMARY PLANNING GUIDELINES
The Board and the Resource Use Committee recognize that it is their duty and obligation to enter into official land use planning activities in order to participate equitably and fully with the federal management agencies. In accordance with federal laws regarding land use planning and the protection of private property interests, the Board, and the Resource Use Committee seek to maintain and to revitalize the various multiple uses of the federally managed lands. To that end, the Board adopts this Resource Use Plan, including General Planning Guidelines and Management Actions regarding the various multiple uses of federally managed lands in Beaverhead County. The Resource Use Committee and the Board now call upon the federal and state agencies to coordinate in advance with the Board any proposed actions which will impact either the federal- and state-managed lands in Beaverhead County. This includes, but is not restricted to, the private property rights and the private property interests, including investment backed expectations, of citizens of the county, the economic stability and historically developed custom and culture of the county, or the provisions of this Resource Use Plan. Such agencies are requested, prior to taking official action or issuing a report on a proposed action, to coordinate with the Board. The agencies shall do this by providing the Board, in a timely manner, the purposes, objectives, and estimated economic impacts of such action. The Board and the Resource Use Committee request no more from the federal agencies than that required by the Federal Laws and Executive Orders, implemented by guidelines prepared for all federal agencies by the Attorney General of the United States. The Board and Resource Use Committee request from the state agencies that which be clearly intended by the Montana State Legislature through enactment of the statutes of the State of Montana. The Board and the Resource Use Committee are committed to a positive planning process with federal and state agencies. The County will equitably consider the best interest of all of the people of Beaverhead County and the State of Montana in the use of state and federal lands. Beaverhead County commits itself to seeing that all decisions on natural resources affecting the county shall be guided by the following principles: To maintain and revitalize the multiple use of federal and state lands. The protection of private property rights and private property interests, including investment backed expectations. The protection of local historical custom and culture. The protection of the traditional economic structures in the county that form the base for economic stability. The opening of new economic opportunities through reliance on free markets. The protection of the rights to the enjoyment of the natural resources of the county by all citizens.
The Beaverhead County Board believes that resource and land use management decisions made in a coordinate manner by federal and state agencies and county officials will not only maintain and revitalize the multiple use of federal- and state-managed lands in Beaverhead County, but will also enhance environmental quality. The General Planning Guidelines set out in this plan present the standards of law, fact, and planning by which the Board will be guided in its official capacity as the executive authority of the county. The Guidelines include constitutional and statutory standards for land management by which the Resource Use Committee and the Board will be guided. This Plan is only the commencement of the planning process in Beaverhead County. The process itself is ongoing and will require the Resource Use Committee and the Board to become involved with all stages of the planning followed by federal and state agencies. These stages will include plan development, implementation, monitoring, and evaluation.
COMMUNITY STABILITY
Historically the custom and culture of Beaverhead County is a story retold in many western counties. The settlement of the county is the history of the livestock, farming, logging, mining, wildlife, and railroads. It was led by hardy individuals willing to work and develop the resources of the land to bring forth a community. The settlement of the county is based on the beneficial use of the land. The people of Beaverhead County have traditionally earned their livelihood from activities associated with natural resources. The economy of the county was in the past, and is today, dependent upon the availability and utilization of natural resources. Directly or indirectly, the majority of the people employed in Beaverhead County are dependent upon ranching and farming, forest production, mining, recreation, and other activities related to the availability of natural resources. Much of the land producing the resources critical to the economy of Beaverhead County is either managed by Federal or State agencies, or is vitally affected by the land management of federal or state agencies. The county economy is greatly dependent on businesses operating on federal and state lands. These include timber cutting, mining, livestock grazing, other commercial activities, and recreation. These businesses are the base for economic stability of the county. They are vital to the effective use of private land in the county. Because less than one-third of the land in the county is privately owned, effective use of that private land is greatly dependent on the management style and technique for the federal- and state-managed land and water. Recognizing the critical tie between use of the federal and state lands and the economic stability of the county, The Board will actively and positively work to provide a voice for individual citizens, and for local communities in planning the future of the county. The Board's purposes and goals are lofty, and they will be successfully implemented only with a vital on-going planning process.
LIVESTOCK GRAZING
Agricultural production in Beaverhead County is necessary to the livelihood and well being of its citizens. Therefore, it is the policy of Beaverhead County to protect agricultural land and promote the continuation of agricultural pursuits by protecting private property rights, relying on self-determination, and ensuring open market conditions. The Board seeks to ensure all of the following: a. Opportunities for agriculture on federal and state lands shall be continued at levels consistent with historical practice, the protection of equitable property rights, and sound management practices. b. Federal and state governments shall not obstruct agricultural opportunities on the lands respectively managed by them. c. Beaverhead County requires federal and state agencies to coordinate with the Board on all matters affecting livestock grazing and farming on all lands managed by them. d. Incentives for improving grazing lands, and promoting good land stewardship shall be developed through: (1). Encouraging ownership of range improvements and recognizing the permittee contributions to range improvements. (2). Appropriate fee schedules. (3). Allowing subleasing of equitable property rights. (4). Allotment plan flexibility. (5). Increasing grazing capacity, or allowing other economic benefits, to accrue to a permit-holder for making investments in improving the range Use a practical and common sense approach to riparian management. Beaverhead County advocates market and incentive systems to reduce administrative and grazing costs on federal and state lands. Grazing rights security.
IRRIGATION AND AGRICULTURE
Irrigated agriculture makes a major contribution to the economic base of the county, and is of critical importance to economic stability. Alfalfa, grass and grain hays, silage, livestock pasture, small grains, and potatoes constitute the majority of crops in Beaverhead County. Specialty crops, such as waxy barley, canola, and nursery and vegetable crops, are also important products. These irrigated crops are integral to the production of livestock in Beaverhead County, and to the stability of the custom, culture, and economy of the county. Productive watersheds must be maintained for the preservation of irrigated agriculture.
MANAGEMENT OF VEGETATION
The Taylor Grazing Act and the Federal Land Policy and Management Act mandate maintenance and improvement of vegetation on the federally managed lands to provide forage for livestock, and forage and habitat for wildlife. The Public Rangelands Improvement Act of 1978 states (43 U.S.C. § 1901) that: [federally managed lands were producing] "less than their potential for livestock, wildlife habitat, recreation, forage, and water and soil conservation benefits." Further, in § 1901, that: [unsatisfactory conditions on public rangeland] "prevent expansion of the forage resource and resulting benefits to livestock and wildlife production." The Congress also found that such conditions preventing an expansion of the forage resource and other unsatisfactory conditions on the public rangelands "may ultimately lead to unpredictable and undesirable long-term local and regional climatic and economic changes." In order to eliminate such conditions the Congress called for intensive planning and improvement of the condition of the federally managed rangelands so that "they become as productive as feasible for all rangeland values."
A. Livestock grazing Rangelands should be managed so as to maintain and enhance desired plant communities, and for the benefit of watersheds, wildlife, water quality, recreation and livestock grazing as required by the Public Rangelands Improvement Act. Effective planning and management can accomplish this goal. Such management will be developed specifically for each allotment. All grazing improvements, including water development, juniper/sagebrush control, reseeding, fencing, salting plans, herding plans, and grazing systems will be included in Allotment Management Plans. All decisions as to such improvements should be made on an allotment basis, because they are an integral part of the use of State leases, private leases, private lands, other allotments, and the overall operation of each ranch enterprise. To comply with the multiple-use concept mandated by the Statutes, no individual resource value will be given priority in vegetation management decisions. Congress has directed that the federally managed rangelands be managed, maintained and improved "so that they become as productive as feasible for all rangeland values." 43 U.S.C. § 1901 CO) (2). In order to carry out the Congressional intent it will be necessary that the Bureau of Land Management "inventory and identify current public rangeland conditions and trends." 43 U.S.C. § 1901 Co) (1). All planning effort will adhere to the careful and considered consultation, coordination and cooperation requirements established by Federal statutes. See 43 U.S.C. § 1701 (a) (2); §1712 (c) (9); §1752 (d).
B. Juniper, Douglas Fir, and Sagebrush Encroachment The encroachment of juniper, Douglas Fir, and the expansion of sagebrush over many thousands of acres of range in Beaverhead County threatens its multiple use. Without a significant effort to control this invasion and expansion, watersheds, wildlife, water quality, recreation, and grazing will be damaged. All applicable means for reversal of this invasion and expansion shall be reviewed and included in plans developed to save these resources and their value to the public.
C. Fire Management Fire suppression will be guided by the need to achieve the highest level of protection for human safety and private property. The blanket fire suppression policy of the past has contributed to extensive juniper/Douglas Fir encroachment and sagebrush expansion harming watersheds, wildlife, and plant communities. Fire suppression may be necessary in areas where fire would endanger human safety and private property, or valuable vegetation that will support and expand multiple use. A "let burn" policy will be considered for areas where invading and expanding shrubs and trees are reducing the value of the rangeland. Controlled burns will be evaluated to encourage revitalization of rangeland vegetation where necessary. Grazing rest prescriptions related to either wildfires or prescribed burns will be determined on a site-specific basis. Where rest prescriptions are appropriate, they may include the year of the burn, light late-season use in the year following the burn or moderate late season use in the second year following the burn. Post-fire grazing will not be limited when unbiased monitoring and evaluation produces relevant, accurate data that demonstrates grazing will not unduly harm the range.
D. Noxious Weeds Beaverhead County has an aggressive weed control program in place, including a full-time County Weed Supervisor, a five-member County Weed Board, and a comprehensive County Weed Management Plan. Several other subordinate weed plans exist, including a coordinated cooperative interagency weed management plan. The Board of County Commissioners is the weed control authority for Beaverhead County. Ongoing programs to identify the location of all noxious weeds, and to initiate management or eradication will continue. All state and federal agencies are required to control noxious weeds on the lands they manage in Beaverhead County. Montana State Law stipulates cooperation by the federal agencies to control noxious weeds on the federally managed lands. The Federal Public Rangelands Improvement Act virtually mandates such cooperation in order to improve "unsatisfactory condition" of the federally managed rangelands. Cooperative agreements and, if necessary, legal actions will be utilized to assure the protection of county lands from noxious weed invasion or occupation.
FOREST MANAGEMENT
Sound science and common sense support the premise of active forest management on the Beaverhead/Deer Lodge National Forest and all national forests. Acceptable management practices should include a stable timber-harvesting program, which is essential to maintain healthy forest ecosystems and to provide employment and economic security to individuals and businesses in Beaverhead County. Investment in equipment and technology cannot be made without economic stability. The Beaverhead/Deer Lodge National Forest has the capability to demonstrate that proactive forest management can meet the needs of both forest health and economic stability. The forest management should utilize the Multiple-Use/Sustained Yield Act of 1960. The Beaverhead/Deer Lodge National Forest should be managed and administered for outdoor recreation, livestock grazing, timber harvesting, watershed protection and wildlife in the best interests of the American people. These resources should be maintained in perpetuity so that future generations would have the opportunity to use and enjoy them. The use of wood products to our nation is important. Estimates show the demand for wood products is increasing about one percent per year. Many individuals, businesses, communities, and local governments depend on a stable supply of this renewable resource. A management policy of no action, or arms-length management is unacceptable, irresponsible, and potentially disastrous. What is needed is a cooperative, hands-on, proactive approach to forest management that uses timber harvesting as a tool to accomplish overall forest health and to ensure a healthy and vibrant forest for current and future generations. The Beaverhead National Forest encompasses 2,147,521 acres. Of these, 809,169 have a potential for timber production (a growth-rate potential of at least 20 cu/ft per year per acres). 470,829 acres have been withdrawn from timber production in the Beaverhead National Forest Plan for assignment to other resource uses, management requirements, or not being cost efficient. Over-mature, decadent, coniferous forest with small isolated stands of aspen covers much of the National Forest land in Beaverhead County. The major species is Lodgepole Pine (66%) with Douglas Fir occurring on drier, lower elevation sites (17%) and Spruce on moist, higher elevation sites (6%). Beaverhead County has 280,835 acres of timber classified by the Forest Service as suitable for timber management in 28 management areas. If 40 cu/ft per acre is used as a potential annual growth rate, over 11 million cu/ft (31 million bd/ft) could be grown in the county each year. If this potential growth were harvested, at a stumpage value of $180 per thousand bd/ft, it would be valued at over five million dollars. The present condition of these timberlands is documented in Appendix I of the Beaverhead National Forest Plan. On land suitable for timber production there are over 153,000 acres of Lodgepole Pine stands that are over-mature and stagnant, in excess of 120 years of age, and with very high fuel loading because of kills from past beetle epidemics.
It is the policy of Beaverhead County to protect its forest resources and to promote the existence of a sustainable forest-products industry. Recognizing that the forest products industry within the county is heavily dependent on timber managed by the United States Forest Service, the Board requires a forest management policy and seeks to ensure all of the following: Promotes multiple use of public forests to realize sustainable and continuous supply of timber, forage, firewood, wildlife, fisheries, recreation, and water supplies. Such sustainable levels require that minimal areas be given-single use, or restrictive designations, and that the maximum area of land be outside Wilderness Areas and be available for active and sound management. Encourages harvesting of a wide range of non-wilderness timber, especially over-mature, stagnant Lodgepole Pine to promote more productive forests. Requires the prompt replanting of timber-harvested areas. Supports the current system of "gross in lieu" payments from revenues generated from Federal and State land within the County Supports the transportation of logs and manufactured forest products over federal, state, and county roads and highways within the county. Advocates a broad range of reforestation and timber-stand improvement tools, and timber-harvesting practices for prudent resource management. Promotes the early detection and control of insect infestations. Supports the detection and management of forest fires through immediate cooperative response of all fire fighting agencies. Supports the use of prescribed burns as a management tool for resource enhancement. Upholds the prompt salvage of forest losses due to fire, insect infestation, or other events. Encourages the education of residents and visitors about wise and productive forest uses. Supports Timber Production Zoning (TPZ) and promotes the understanding by forest residents of the compatibility of timber harvesting on adjacent lands Encourages the local manufacture of forest products from Beaverhead National Forest lands
WATER RIGHTS
All existing rights to the use of any waters for any useful or beneficial purposes are recognized and confirmed by the Montana Constitution. "Existing water right" means a right to the use of water that would be protected under the law as it existed prior to July 1, 1973. Water rights established historically and beneficially used by the citizens of Beaverhead County including, but not limited to, the purposes of agriculture (stock water and irrigation), domestic use, industrial use, mining, and power uses are recognized as private property rights and shall be protected as such. Any new or additional development of surface water or groundwater after June 30, 1973 shall be consistent with Montana laws and the Montana Water Use Act of 1973. Allocation of water resources in Beaverhead County, either directly or indirectly, shall be coordinated through local government or shall be consistent the Resource Use Management Plan of Beaverhead County. Use of water resources in Beaverhead County shall be consistent with local culture and community stability with particular emphasis on the economic stability of the community. Water used for recreation, fisheries, and wildlife provide economic benefit to Beaverhead County. These uses are not historically recognized as appropriative water rights or "existing water rights". These uses are generally non-consumptive uses of water.
Ditches and Canals Ownership of water rights and ditch right are entirely separate and distinct property rights. Ditch easements are recognized as private property rights and shall be protected as such. Once a ditch easement has been established, a person with a canal or ditch easement has a secondary easement to enter, inspect, repair and maintain a canal or ditch. No person may encroach upon or otherwise impair any easement for a canal or ditch, unless the holder of the easement consents in writing to the encroachment or impairment. See §70-17-112, Mont. Code ann. Owners of ditch easements are encouraged to be reasonable in use of the easement.
WATER AND HYDROLOGY
The Beaverhead and Big Hole Rivers originate in Beaverhead County and join just northeast of the county to form the Jefferson River. The Jefferson River is a major upper tributary, which helps to form the upper main stem of the Missouri River. The average discharge of these two rivers in acre-feet per year is: Beaverhead River 286,200 acre-feet/year Big Hole River 818,000 acre-feet/year With the exception of small areas in the Big Hole Valley, the Centennial Valley, and along Horse Prairie Creek, the landscape is well drained. Annual run-off from the County's various drainage basins originates principally from precipitation in the mountainous portions of the upper watershed. Approximately 80% of stream run-off in Beaverhead County is derived from national forest lands. Precipitation received in the lower river valleys is normally absorbed into the soil profile, and is generally not a major contributor to annual run-off. Rivers and streams contribute heavy run-off of snowmelt during the late spring and early summer. Significant floodplain areas exist along river courses in the lower valleys, and a number of major floods have occurred in Beaverhead County causing significant property damage. Floodplain protection structures, upstream storage retention, and the County's floodplain development ordinance have reduced property damage in recent years. Detailed floodplain mapping has been completed in the Dillon urban area and the lower reaches of the Big Hole River. Beaverhead County has twelve water storage reservoirs with surface areas of over 40 acres and a storage capacity of 389,914 acre-feet. These storage reservoirs furnish irrigation water to approximately 338,000 acres. The two largest reservoirs are the Lima Reservoir in the southeast and Clark Canyon Reservoir in the south-central areas of the county .
WATER QUALITY
The Montana Water Quality Act (Title 75, Chapter 5, Mont. Code Ann.) provides the authority and standards for water quality in Beaverhead County. Any land use inventory, planning, or management activities affecting point or non-point sources and water quality in Beaverhead County, either directly or indirectly, shall be coordinated through local government and shall be consistent with the Beaverhead County Resource Use Plan. All management plans and land-use practice modifications proposed by either state or federal agencies premised on water quality issues shall be coordinated through local government. These plans shall be consistent with the protection of private property rights and recognize the economic and social benefits of customary land use activities in Beaverhead County.
FLOODPLAINS AND RIVER TERRACES
Floodplains Floodplains are the relatively broad and smooth valley floors constructed by active rivers and periodically covered with floodwater during periods of overbank flow. Floodplains usually include the riparian and wetland areas. The floodplain is a part of the active erosional and depositional activity of river channels. Floodplains consist of a great variety of depositional materials, including colluvium (debris from valley sides), channel deposits (sand and gravel), and vertical accretion deposits (clay and silt deposited by overbank flows).
River Terraces River terraces (benchs) are abandoned floodplains that formed when their associated rivers flowed at high levels in the past. Many alluvium-filled valleys contain a complex series of river terraces that indicate ancient floodplains. Many of the river valleys in Beaverhead County have terraces at their margins which, when irrigated, are some of the most productive farmlands. WETLANDS Wetlands help regulate water levels within watersheds; improve water quality; reduce flood and storm damages; provide important fish and wildlife habitat; and support hunting, fishing, and other recreational activities. Wetlands are most common on floodplains along rivers and streams (riparian wetlands). They also occur in isolated depressions surrounded by dry land (for example, playas, basins, and "potholes"), along the margins of lakes and ponds, and in other low-lying areas where the groundwater intercepts the soil surface or where precipitation sufficiently saturates the soil (vernal pools and bogs). Wetlands include marshes and wet meadows dominated by herbaceous plants, swamps dominated by shrubs, and wooded swamps dominated by trees. Most wetland sites provide critical habitat needs for many species and they support a greater concentration of wildlife species, recreation, and other activities than any other type of location on the landscape.
RIPARIAN AREAS
Riparian areas are the zones bordering lakes, reservoirs, potholes, springs and seeps, wet meadows, vernal pools, and ephemeral, intermittent, or perennial streams. They are of prime importance to water quality, water quantity, stream stability, and fisheries habitat. Abundant water, forage, and habitat attract a proportionately greater amount of use and conflict than their small area would indicate. They are vital to the livestock grazing industry, mining, and many are also well suited for development as high quality agricultural farmland.
Beaverhead County recognizes that the protection and development of its water resources are essential to its short- and long-term economic and cultural viability. It is therefore the policy of Beaverhead County to ensure the following: 1. The protection of existing water rights and water uses within the county is of great importance to the economic and cultural well being of the county. Therefore, changes in water use shall be carefully considered in relationship to the history, traditions, and culture of Beaverhead County. Any federal proposals for the designation of Wild and Scenic Rivers, and other policies regarding riparian management in Beaverhead County shall be coordinated with the Resource Use Committee and the Board. Federal agencies managing land, waterways, and wetlands containing Threatened or Endangered species shall coordinate their management activities and plans with the Resource Use Committee and the Board. The Resource Use Committee and the Board shall be notified of all state, regional, interstate, and federal actions that have any impact on the water of the county prior to such actions being initiated. In addition, such proposed actions shall be coordinated with the Beaverhead County Board of County Commissioners and this plan prior to adoption and implementation. It is the intent of the county to develop, plan, and be part of the planning management of the water resources of the county Beaverhead County should develop its water use policy to ensure water quantity and water quality. It shall ensure that such policy does not adversely impact water users within the county Beaverhead County encourages the development of riparian management plans in concert and coordination with landowners, ranchers, and the appropriate state and federal agencies. All water policies should be periodically reviewed to determine that they are appropriate and adequate.
PREDATOR CONTROL
Beaverhead County advocates the control of rodents and predatory animals on all state and federal lands in accordance with local custom and culture. Private lands bordering federal or state lands should be protected. This protection should fall within the boundaries of good husbandry and sound environmental restraints, not to exclude chemical control, and seeks to ensure all of the following: That Beaverhead County should establish an animal damage-control plan for the protection of livestock and crops. Government agencies will coordinate their pest control actions and regulations with those of Beaverhead County. . That government agencies shall be required to prepare and implement plans for controlling predatory animals and rodents in accordance with recognized and proven husbandry practices. d. That Beaverhead County recognizes trapping as an historic and environmentally sound method of controlling predatory animals and reducing property damage, and encourages its use. e. That Beaverhead County advocates the control of disease-bearing vectors that are a recognized threat to public health.
WILDLIFE FISHERIES RECREATION
In 1963, the Congress enacted the Outdoor Recreation Coordination Act that declared that it is "desirable that all American people of present and future generations be assured adequate outdoor recreation needs and resources." (16 U.S.C. Section 4601). The Congress authorized the Secretary of Interior to prepare and maintain "a continuing inventory and evaluation of outdoor recreation needs and resources." (16 U.S.C. 460L-1). The same Act requires the Secretary to consider the plans of federal agencies, states and local government, and to cooperate with such planning units with respect to outdoor recreation. (16 U.S.C. 4601-l(c)(d)). Outdoor recreation is one of the multiple uses mandated for the federal lands by the provisions of the Federal Land Policy and Management Act. Over the past decade the recreational use of the federal lands in Beaverhead County has dramatically increased. The accessibility of Beaverhead County provides many year-round recreational opportunities for residents and visitors. Conflicts between recreational users and other users of the land can be kept to a minimum by the coordinated planning efforts of the county, federal and state agencies, recreational organizations and associations, and members of the public. Such coordinated efforts should include development and implementation of a management plan that will include: 1) Review and evaluation of all existing open, limited, and closed-area designations by the Bureau of Land Management (BLM) and the U.S. Forest Service (USFS) to determine whether existing designations are needed and appropriate; 2) Collection and analysis of data relating to the present demand for recreational use, and in the future. 3) Collection and analysis of data related to the impact of the various recreational uses on land values as identified by FLPMA. 4) Continuous review of the inventory of area designations and their associated recreation needs. 5) Identification of any adverse effects from recreational activities and the development of site-specific mitigation plans to lessen the impact, rather than simple restriction of the land. 6) Continuous attention to public comment should be sought on the designations of recreational areas. These comments should be considered in making land-use decisions.
By including the above elements in such a plan, the mandate of Congress that the federal lands shall be available for recreational use can be met.
ENERGY AND MINERAL RESOURCES
Many energy and mineral resources occur on both private and government-managed lands within Beaverhead County. These resources have great economic potential for the citizens of this county. Beaverhead County recognizes that the full development of its abundant mineral resources is desirable and necessary to the economic well being of the county, state, and the nation. Therefore, it is the policy of Beaverhead County to encourage mineral and energy resource exploration and development which is: Consistent with local history, custom and culture; Beneficial to the county's economic stability and well being; Beneficial to Beaverhead County, the State of Montana, and our nation.
Further, it is the intent of this policy to eliminate unreasonable barriers, prohibitions and impediments to such exploration and development. It is the further policy of Beaverhead County to support the retention of, and compliance with. the General Mining Law of 1872, and to support large- and small-scale mining and exploration consistent with sound economic and environmental practices. Proposed revisions to the General Mining Law of 1872 will be carefully evaluated for undue adverse impact on the mining industry in this county. Recommendations regarding such proposed amendments will be sent to Congress. It is the further policy of Beaverhead County that all state and federal agencies coordinate reclamation plans with Beaverhead County. Energy and mineral resources provide an important contribution to its economy. All lands not currently withdrawn from energy and mineral exploration will remain available for such use. Mining is one of the historic multiple uses on federally managed land and its continuance is compatible with the multiple-use principle. Any unjust or unreasonable restraints on mineral and energy resource exploration and development that are not specifically based upon statutory authority may be challenged.
CULTURAL, GEOLOGIC, AND GEOGRAPHIC RESOURCES
Beaverhead County contains many special features, which by their remote and rugged nature are largely self-protected. Where an imminent threat to these special features is identified, mitigation efforts necessary to protect significant scientific, educational, and recreational value will be identified. Many other special features are susceptible to damage by recreation seekers. The Montana Constitution addresses Cultural Resources in Article IX, Section 4 thus: "The legislature shall provide for the identification, acquisition, restoration, enhancement, preservation and administration of scenic, historic, archeological, scientific, cultural, and recreational areas, sites, records, and objects, and for their use and enjoyment by the people."
Among special features in Beaverhead County are campsites once used by Native Americans. Associated with these campsites are several buffalo jumps, pictographs, and quarries where stone for tools and weapons were mined or gathered. The Lewis and Clark Expedition came up the Beaverhead River and cached their canoes, and bought horses for overland travel near the present site of Clark Canyon Dam. On the return trip, some of the party passed through the Big Hole Valley. Beaverhead County and the State of Montana have recognized the cultural and historical value of Bannack, the first capitol of Montana. Other historic sites are the many mines and mills scattered throughout the Pioneer Range. The Board and the Resource Use Committee strongly urge the preservation of all parts of our cultural heritage.
WILDERNESS
The Wilderness Act of 1964, 16 U.S.C. § 1131-1i36, created a National Wilderness Preservation System to be composed of federally managed lands designated by Congress as "wilderness areas." The Act defined a wilderness as "an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." The definition states that a wilderness thus is in "contrast with those areas where man and his own works dominate the landscape." See 16 U.S.C. § 1131(c). The Act provides that all suitable wilderness areas should be inventoried by the federal agency charged with management responsibility for the particular area. This inventory and recommendations by the agency as to whether the areas should be established as wilderness areas were to be completed within ten (10) years of passage. In the Federal Land Policy Management Act of 1976, Congress established a clear directive that by 1991, the Secretary of the Interior must review all roadless areas of 5,000 acres or more on the federally managed lands (identified as having wilderness characteristics as described in the Wilderness Act) and give to the President a recommendation as to the suitability or non-suitability of each such area for preservation as wilderness. See 43 U.S.C. 8 1782. The Wilderness Act itself provided that even in designated wilderness areas, livestock grazing "where established prior to September 3, 1964, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary..." 16 U.S.C. 8 1133 (d) (4). The Federal Land Policy and Management Act provided in 43 U.S.C. 8 1782 (c), that, during the period of review of prospective wilderness areas any existing "mining and grazing uses and mineral leasing" could continue "in the manner and the degree in which the same was being conducted on October 21, 1976." In State of Utah vs. Andros, 486 Fed. Supp. 995 CtJ.S.D.C., Utah, 1979) the Chief Judge of the Utah Federal District Court ruled that under these statutory terms, the Bureau of Land Management has the authority to manage lands so as to prevent impairment of wilderness characteristics, unless the lands are subject to an existing use. If the lands are subject to an existing use such as grazing, or mining, the Bureau of Land Management may then regulate only so as to prevent unnecessary or undue degradation of the environment. Nearly a decade later in Sierra Club vs. Hodel, 848 F.2d 1068 (Tenth Circuit 1988) the Court of Appeals for the Tenth Circuit held that valid existing use-rights in wilderness- designated areas are exempt from the non-impairment standard. The Court approved the Bureau of Land Management's modification of its Interim Management Policy to provide that even if the exercise of existing rights did impair wilderness suitability, the exercise of the existing rights would be allowed to continue. See 848 F.2d at 1086-1088. The Wilderness Act allows for recommendations for modification or adjustment of boundaries only after designation as wilderness. Current wilderness recommendations made by the Bureau of Land Management will be reviewed in relation to the impacts on natural- resource-based industries, the economic stability of the County, and on the custom and culture of the citizens of Beaverhead County. A recommendation from the County will be forwarded to Congress based on this evaluation. Interim Management Policy will be followed with emphasis on protection of the total resource and grazing rights as recognized by federal statutes. A recommendation from the County will also be forwarded to Congress that any prospective wilderness area which the Congress decides not to designate as wilderness, should be released from further wilderness consideration in land-use plans for federally managed lands and National Environmental Policy Act decision-making. This will eliminate multiple-use land being closed indefinitely in "study areas", even though the land has not been determined to meet the wilderness requirements and qualifications set forth by the Wilderness Act. A wilderness designation shall not affect state authority over water resources. Montana's substantive and procedural laws controlling appropriation and allocation of water resources remain the primary authorities over waters in Beaverhead County and in any area within Beaverhead County that may be designated as a wilderness area. Any interests in ditches, reservoirs or water conveyance facilities and easements or rights or way associated with those interests, shall not be impaired or diminished by any wilderness designation. In addition, access to enter, inspect, repair, and maintain those interests shall not be affected by any wilderness designation. The use of mechanized vehicles and equipment shall be allowed for repairs and maintenance of such facilities. There shall be no additional Wilderness Areas designated in Beaverhead County without prior coordination with the Beaverhead County Commissioners. Beaverhead County advocates the expeditious review and determination of any Wilderness Study Areas in the County.
WILD AND SCENIC RIVERS
The National Wild and Scenic Rivers Act, 16 U.S.C. 88 1271-1287, provides the guidance for identification and designation of individual river segments for study, and for recommendation for inclusion as a Wild and Scenic River. Section 1271 calls for protection of "certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values." Under 16 U.S.C. § 1283, any federally managed lands which include, border on, or are adjacent to any river included in, or under consideration for inclusion in, the national system must be managed by the Secretary of Interior so as to protect such rivers in accordance with the purposes of the Act. However, 16 U.S.C. § 1283 Co), provides that the section shall not be "construed to abrogate any existing rights, privileges, or contracts affecting Federal lands held by any private party without the consent of said party."
THREATENED, ENDANGERED, AND SENSITIVE SPECIES
The keystone of good environmental stewardship lies in a healthy resource base. Endangered and threatened species, as well as all plants and all animals, depend on the intricate balance of stable ecologic, economic, and social functions of the immediate local community. Beaverhead County will pay particular attention to all species designated in any category or classification for protection, or consideration of protection, under the Endangered Species Act. It will require the agencies to comply with full procedural provisions of federal statutes. The Board and the Resource Use Committee adopt the following policies Federal and state agencies shall prepare a plan in coordination with Beaverhead County before the introduction, or reintroduction of any species on public or private land that will impact the economic and social functions of the county. Beaverhead County supports the right of landowners to protect themselves, their families, livestock and properties from all predators. Any threatened or endangered species designation should not disrupt historical uses of the land and it should respect Beaverhead County's Resource Use Plan. Beaverhead County believes that protection of endangered and threatened species can be most effectively achieved by cooperation between public land users and private landowners rather than imposing land-use restrictions and penalties.
ROADS: ACCESS AND TRANSPORTATION
It is the policy of Beaverhead County to develop and maintain a transportation plan that optimizes accessibility across federal and state managed lands within the county. Access to or across federal and state managed lands within the county shall not entail encumbrances or restrictions on private property rights. Historically, the development of mining, ranching, and farming has required establishment of numerous rights-of-way over federal and state lands. Continued use of these rights-of-way is essential to the well being of citizens of this county. All planning efforts will set to maintain historic rights to travel over federal and state lands wherever necessary in pursuit of mining, ranching, farming and other historic uses. In addition to the right of use of these rights-of-way, any maintenance necessary to use will be allowed.
Federal Land Rights-of-way" are defined as follows: "Any road, trail, access or way upon which construction has been carried out to the standard in which public rights-of-way were built within historic context. These rights-of-way may include, but not be limited to, horse paths, cattle trails, irrigation canals, waterways, ditches, pipelines r other means of water transmission and their attendant access for maintenance, wagon roads, jeep trails, logging roads, homestead roads, mine to market roads and all other ways."
A recommendation will be made to the federal agency land managers, and to Congress if necessary, that no federal action be taken which would attempt to repudiate or rescind established rights-of-way. Any such action shall only take place after interagency and public meetings; the closure shall be clearly marked as to the closure authority.
LAW ENFORCEMENT
The county will continue positive planning for law enforcement in Beaverhead County, urging consultation, cooperation and coordination between the Bureau of Land Management, U.S. Forest Service, and other federal and state agencies and local law enforcement. The county will provide to protect all Beaverhead County citizens, private property rights, and natural resources located within the county while complying with Montana laws, the Montana Constitution, county ordinances, federal laws and The United States Constitution. Increasingly, the Bureau of Land Management and other federal agencies have become involved in law enforcement activities in Beaverhead County, acting as peace officers and enforcing federal laws and regulations in addition to state and local laws. The Federal Land Policy and Management Act of 1976 requires the Bureau of Land Management and other agencies under the authority of the Secretary of Interior to coordinate all land management activities with county and state governments involved with land-use planning (USC 1712(c)(9)). The Beaverhead County Sheriff is authorized as the primary law enforcement agent in the county under Montana law. The Beaverhead County Resource Use Committee will assist the County Sheriff to secure coordination with federal agencies. Although the state of Montana and Beaverhead County have been enforcing law on public lands in Beaverhead County since 1863, new federal laws and regulations concerning federal lands prompted Congress in 1976 to pass legislation for the enforcement of these new laws. Federal laws that simply duplicate existing state and local laws are still within the primary law enforcement jurisdiction of the state, a field Congress did not intend to usurp, but Congress did intend that any new laws it passed should be enforceable. The Federal Land Policy and Management Act of 1976 in USC 1733(c)(2) addressed the issue by mandating that the Secretary of the Interior "authorize federal personnel or appropriate local officials to carry out this law enforcement with respect to the public lands and their resources." The Act gives the authorizing discretion to the Secretary of the Interior not so he can preempt police powers of the state, but so that he can authorize local officials to enforce Federal laws and regulations on public lands. The law becomes even more detailed on the issue when it provides in section 1733(c)(1) that: "When the Secretary determines that assistance is necessary in enforcing federal laws and regulation relating to the public lands or their resources, he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximize feasible reliance upon local law enforcement officials..." Although Congress did direct the Secretary of the Interior to authorize the enforcement of federal laws on federal lands, Congress did not attempt to preempt states' police powers. Specifically, in 43 USC 1701 of the Federal Land Policy and Management Act, Congress mandates that, "Nothing in this Act shall be construed as a limitation upon the police power of the respective States, or as derogating the authority of a local police officer in the performance of his duties, or as depriving any State or political subdivision thereof of any right it may have to exercise civil and criminal jurisdiction on the national resource lands." The Beaverhead County Sheriff's office shall adopt the following policies with respect to federal law enforcement actions and personnel: Federal law enforcement personnel must notify the Beaverhead County Sheriff's Office in advance of any federal law enforcement operations in Beaverhead County. The Sheriff's Office requests the following information before the Sheriff determines whether or not the Sheriff's Office will be involved: The identification of the individuals or residences to be searched or arrested if known. The identification of the agencies and personnel to be involved in the overall operation contemplated by the federal law enforcement agency. The identification of the chain of command for the operation planned. The identification of the translator if those to be arrested or subject to search are not expected to be fluent in English. The time of day of proposed arrest or search. The Sheriff's Office will inquire of the federal law enforcement official in charge to confirm that the federal law enforcement agency has probable cause for any potential searches and arrests prior to any such search or arrest. The Sheriff's Office will discourage federal law enforcement arrests or searches after 10:00 P.M. unless immediate action is required. If assistance is provided, the Beaverhead County Sheriff's Office will: Have direct radio communication with the Sheriff's Dispatch during all searches and arrests. Report any observed violation of civil rights to the Sheriff's Dispatch contemporaneously. Keep dispatcher logs. Prepare after action reports within 48 hours. Conduct a thorough investigation of any alleged civil rights violations. All Montana State law enforcement agencies including but not limited to the Montana Highway Patrol, the Department of Fish, Wildlife and Parks, and Department of Transportation enforcement officers shall coordinate their activities within Beaverhead County according to the policy established for Federal law enforcement agencies. Beaverhead County, through its Commissioners and law enforcement officers and the federal agencies acting with Beaverhead County shall make every effort available through any federal program to obtain the maximum amount of money from federal agency sources to enable the Beaverhead County Sheriff's Office to enforce the law within Beaverhead County rather than expanding and maintaining separate federal law enforcement activities. Sixty-nine percent of the land in Beaverhead County is under federal or state control. The majority of search and rescue operations involving the Beaverhead County Search and Rescue organization occur on this public land rather than on private land. A maximum effort shall be made to facilitate and expedite the federal government's obligation to pay for search and rescue services on the public lands.
THE CONTINUING PROCESS
Land is essential to local industry and residence. It shall be the policy of this county that the design and development of all federal and state land dispositions and acquisitions, including land adjustments and exchanges, be carried out to the benefit of the citizens of Beaverhead County The Beaverhead County Board of County Commissioners recognizes that this plan is an interim plan. The Resource Use Plan will be a work in continuous progress. It will require the cooperation, work, and dedication of many county residents. Additional planning alternatives will be developed and added to this plan. The ongoing planning will include consideration of all historic and current land uses in Beaverhead County.
MEMBERSHIP
All members of the Resource Use Committee shall be residents of Beaverhead County. Upon adoption of this Ordinance, the Resource Use Committee shall be composed of citizens of the county who are willing to dedicate themselves and their time to this county planning effort (3) At a later time, the Resource Use Committee will adopt administrative rules or by- laws by which they will operate. Some of those rules may include term limits, number of committee members, addition or deletion of subcommittees, guidelines to promote diversity in age, experience, and interests. How to handle vacancies, and other matters as necessary. (4) The Resource Use Committee has a chairperson, vice-chairperson, secretary, and writer-editor chosen from its membership and approved by the Beaverhead County Planning Board and the Beaverhead County Commissioners. (5) Each member of the Land and Resource Use Committee shall serve on one or more subcommittees. The balance of the members in each subcommittee shall be people with a particular interest or 'stake' in the subject of the subcommittee.
The Resource Use Committee has divided itself into subcommittees. The following list is of those formed already formed and operating. Other subcommittees will be formed as need and interest dictate. : Subcommittees of the Resource Use Committee
Executive Board Policy and Procedures Public Relations & Communications Weeds Wildlife Roads Rivers Water Economics Endangered Species Private Property Forestry and Timber Management Recreation Mining, Oil, and Gas Grazing
APPENDIX 1
Ten Year Average Annual --- 25% Fund Payments to Montana Counties
Payment National Ten Year Per Acre Forest Average Payment Rank County Acreage Annual Per Acre
1 Lincoln 1,762,173 4,655,346 $2.6418
2 Sanders 914,714 1,297,290 $1.4182
3 Mineral 646,889 618,988 $0.9569
4 Missoula 693,027 574,577 $0.8291
5 Flathead 1,787,379 1,038,272 $0.5809
6 Powell 640,698 350,971 $0.5478
7 Granite 662,466 345,429 $0.5214
8 Lake 156,602 80,615 $0.5148
9 Jefferson 463,507 209,379 $0.4517
10 Lewis & Clark 986,964 345,156 $0.3497
11 Broadwater 186,491 64,591 $0.3463
12 Silver Bow 190,045 50,381 $0.2651
13 Fergus 94,971 21,251 $0.2238
14 Pondera 106,630 23,859 $0.2238
15 Glacier 28,688 6,419 $0.2238
16 Teton 234,988 52,579 $0.2238
17 Judith Basin 297,427 66,549 $0.2237
18 Chouteau 30,713 6,872 $0.2237
19 Cascade 178,658 39,973 $0.2237
20 Golden Valley 23,693 5,301 $0.2237
21 Meagher 479,047 107,166 $0.2237
22 Wheatland 64,919 14,422 $0.2222
23 Ravalli 1,116,162 219,030 $0.1962
24 Deer Lodge 177,450 33,242 $0.1873
25 Gallatin 607,392 83,903 $0.1381
26 Park 816,632 111,205 $0.1362
27 Madison 804,638 104,608 $0.1300
28 Sweetgrass 287,563 37,136 $0.1291
29 Carbon 324,818 36,538 $0.1125
30 Powder River 339,689 37,118 $0.1093
31 Carter 89,384 9,763 $0.1092
32 Rosebud 95,822 10,463 $0.1092
33 Stillwater 186,320 20,344 $0.1092
34 Beaverhead 1,370,363 136,897 $0.0999
Data Compiled From USFS -ASR-08-10 Reports
"Community stability" is defined as a combination of local custom, culture and economic preservation. Coordinate is defined as "equal, of the same rank, order, degree or importance; not subordinate." Blacks Law Dictionary 303 (5th ed. 1979)
3 Under the ESA, a "state agency" is a division, board, or other governmental entity that is responsible for the management and conservation of fish, plant, or wildlife resources within a state. 50 C.F.R. Section 424.02(1)
The term "culture" is defined as "customary beliefs , social fomrs, and material traits of a group; the integrated pattern of human behavior passed to succeeding generations." See Webster's New Collegiate Dictionary,G. & C. Merriam Co., (1975).
A custom is a usage or practice of the people, which, by common adoption and acquiescence, and by long and unvarying habit, has become compulsory and has acquired the force of law with respect to the place or subject-matter to which it relates. See Bourier's Law Dictionary417 (lst ed. 1867).
Fisc, noun [Latin fiscus]: A state or royal treasury. Webster's Collegiate Dictionary Values calculated from the Beaverhead National Forest Plan. Modified from: Beaverhead County Comprehensive Plan, Revised 1990.
Beaverhead County Resource Use Plan July 26, 1999