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,” 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 duties is to supervise and protect the tax base of the County.

The Board is well aware that one 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. Many 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 many 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 the area of Beaverhead County. Moreover, the county’s economy is affected by changes on federal, state and private lands. State and federal agencies are charged by law with governing state and federal lands inside Beaverhead County’s political boundary in the best interest of all the citizens. Local, state and federal planning decisions may create benefits for a great many state and national citizens outside the county, but may, transfer a disproportionate amount of the costs and responsibilities to local communities and citizens. For more information on the County’s relationship to the federal government, please refer to Appendices A, C, and E.

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. The Board finds it desirable to address the use and management of other resources within the political jurisdiction of the County in its comprehensive planning efforts. The Board reached its decision in part because a large area of the county is managed by either the federal or the state government, and because the use and management of that land has substantial and significant impact on the economic stability of Beaverhead County. The Board is therefore legitimately interested in fully participating in the planning process utilized by federal and state agencies for determining and implementing land use plans and other actions in Beaverhead County. The Board’s interest extends to land use plans or action formulation, development, and implementation (which include monitoring and evaluation).

The Board has established a Planning Board and community-based subcommittee to advise and assist the Board in formulating county policy with respect to land and resource use issues. For purposes of this document, the subcommittee is known as the Resource Use Committee and the plan they are working on is known as the Resource Use Plan, which is one component of the County Comprehensive Plan. For more information on the Resource Use Committee and its operation, please refer to Appendices F, H, and K.

It is the intent of Beaverhead County government to protect the custom and culture of county citizens through a variety of actions. It is the policy of Beaverhead County to work with federal and state agencies, so that they will hereafter coordinate and consider county, State and Federal policies before implementing actions, both within and without the boundaries of Beaverhead County that affect local communities and citizens.

Federal and state laws require federal and state agencies to coordinate with the local government and consider the local land use plans in the process 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 County, its citizens, and resources therein should prepare and submit in writing, 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 determine appropriate action to be taken by the County, and provide input, information and comment on proposed actions or activities. The Board will also notify other government agencies of actions that are proposed by the Board affecting various resources and amenities in Beaverhead County, and solicit other agency input and comment. The purpose of this exchange of information and input is to minimize impact upon and maximize benefit to the residents of Beaverhead County as well as other members of the public. For more information on coordination between the County and agencies, please refer to Appendices H and J.

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 8,790. 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 are 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. Pasture also exists in river and stream bottoms. These uses 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 44,963 acres are in the Red Rock Lakes National Wildlife Refuge, a wildlife preserve. More than 500 acres of county land has been subdivided.

The county’s economy has been historically based on natural resources including 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 sizable government and educational employment at Western Montana College of the University of Montana, the Beaverhead/Dillon Public Schools, Barrett Hospital, U.S. Bureau of Land Management, U.S. Forest Service and a variety of other 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 in 1863. The county held its first election October 30 of that year, and elected three county commissioners. When the 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 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. For more information on the economy of Beaverhead County, please refer to Appendix B.

These trends are typical of most of America’s small inter-mountain West rural farming and ranching communities. This poses a challenge to the very fabric of these rural communities and the lifestyle they represent. 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. 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 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-drives 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. Right-of-way across the state and federal lands 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, 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 been driven by available technology and resources, the distance to markets and prices, and the forces of a market economy.

The beneficial use of natural resources has been the basis for Beaverhead County’s economy, custom and culture, even if technology, mechanization and markets have altered the means of production and marketing of these resources from their historic beginnings. Mining, timber harvesting 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 activities have resulted in uses that directly affect open-space issues in Beaverhead County. For additional information on attitudes and opinions affecting recreation and multiple use in Beaverhead County, please refer to Appendix I.

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 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 purpose of this Plan is to foster cooperation and coordination between federal and state management agencies, other counties and Beaverhead County. 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, state managed, and private lands within their respective jurisdictions.

This plan is a dynamic document, changing as more information becomes available and new situations arise. Economic and demographic data essential to the Beaverhead County Growth Policy and Resource Use Component will be included in later up-dates. These data should include both current and historical data for the past decades and should give an indication of the trends. Data to be added may include:

1. Total personal income by major component (industry).

2. Full-time and part-time employment by major industry.

3. Transfer payments by major component (industry).

4. Farm income and expenses.

5. Total population and population by age categories.

6. Households by type.

(For an overview of the information to be included see Appendix B.)

Counties and states are not allowed to tax the federal lands within their boundaries. The federal government has several mechanisms to reimburse local government for the loss of taxes. It is important to know the amount of federally owned land and the kind and amount of reimbursement that local governments will receive. More importantly, the County must understand how activities and management actions on these federal, state, and privately 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% of Forest Reserve Fund

· Payments in Lieu of Taxes (PILT)

· Taylor Grazing Act Section 3 and Section 15

· Refuge Revenue Sharing Act

For more detailed information on federal payments to local communities please refer to Appendices A and E.

Beaverhead County is directly affected by management activities on the federal, state and private lands. Recreation, livestock grazing, and timber production are the primary resource areas that provide income and promote community stability. (Forest monitoring and evaluation report 1990)

Therefore, it shall be the policy of Beaverhead County to:

1. GOAL: Protect agricultural land and promote the continuation of agricultural pursuits.

Objective 1A: Protect private property rights.

Objective 1B: Encourage reliance on self-determination.

Objective 1C: Ensure open market conditions.

2. GOAL: Recognize and manage to protect the private rights and interests in irrigation and water development structures on public lands.

3. GOAL: Develop and implement an economic policy on the role of public lands in relation to reviving and supporting economic stability for Beaverhead County.

Objective 3A: Encourage research activities to address rural economic issues.

Objective 3B: Enhance the ability of the county government to better serve the county.

Objective 3C: Create committees to effect greater county involvement in public land planning processes.

Objective 3D: Encourage research activities to address rural economic issues and questions.

Objective 3E: Equal application of commodity user fees for all resource users on the state and federal lands.

Objective 3F: Increase the capacity for public land resources to provide more economic return for rural economies.

Objective 3G: Increase the number of adequate broad band T1 lines available for government, business, and non-profit organizations.

4. GOAL: No net loss of private lands.

Objective 4A: Identify and implement mechanisms that preserve or increase the amount of private land in Beaverhead County to enhance the tax base and encourage rural development in Beaverhead County

Objective 4B: Increase the capacity for public land resources to provide more economic return for rural economies.

5. GOAL: Develop programs with assistance to enhance the effectiveness of local government in the public land planning process and the effects resource uses have on the economy of Beaverhead County.

Objective 5A: Work toward reducing state and federal red tape to facilitate development and multiple use of public lands in a cost-effective and wise manner.

6. GOAL: Recognize the importance of agricultural production to the economic well being of Beaverhead County.

Objective 6A: Maintain the current amount of rangeland vegetation, by actively reversing the colonization of rangelands by conifers and weeds.

CONSTITUTIONAL PRINCIPLES AND PRIVATE PROPERTY

The U.S. Constitution created a form of government characterized by:

1. Limited powers granted to the federal government.

2. Separation of those limited powers into legislative, judicial and executive branches.

3. Creation of a process where the branches act to check and balance the power of the other branches.

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.

1. GOAL: That all lands in Beaverhead County be managed in coordination with the Board, its representatives, and thereby the citizens of this county.

2. GOAL: 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.

3. GOAL: Protect private property and private property rights and promote the continuation of private economic pursuits.

Objective 3A: Protect private property rights.

Objective 3B: Protect local custom and culture.

Objective 3C: Maintain traditional economic structures through self-determination.

Objective 3D: Open new economic opportunities through reliance on free markets.

Objective 3E: Enhance environmental quality.

Objective 3F: Protection and preservation of privately owned land is desirable in Beaverhead County.

4. Goal: Ensure Due Process.

Objective 4A: Notice

Objective 4B: Opportunity to be heard

Objective 4C: The right of cross examination

Objective 4D: Disclosure

Objective 4E: Findings of fact

Objective 4F: Conflicts of interest and the appearance of conflict or impropriety

Objective 4G: Prompt decisions

Objective 4H: Records of proceedings

Objective 4I: Ground rules for fair play

Objective 4J: Substantive due process

For a more complete discussion of this topic, please refer to “Due Process, The Elements of Fair Play” in Appendix G.

LAND TENURE, DISPOSITION, ACQUISITION, AND USE

Only 31% of the land in Beaverhead County is private. It is this land that comprises the County tax base that must support most County services. The Board recognizes that land is essential to local industry and residents.

1. GOAL: That land tenure adjustments for any government agency should 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.

Objective 1A: Exchanges of government land with private landowners to adjust property lines for improvement of management of either or both will be sought.

Objective 1B: Isolated tracts of state and federally managed lands, which could be better and more efficiently managed by the private sector, will be identified and recommended for sale or trade.

2. GOAL: 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 residents of Beaverhead County.

Objective 2A: That the County suffer no net loss in tax revenue.

Objective 2B: That private property interests are protected and enhanced.

Objective 2C: That citizens of Beaverhead County will suffer no adverse aggregate economic impacts.

Objective 2D: That all government entities investigate and attempt to increase local economic development by increasing the amount of privately controlled land within the county.

Objective 2E: All governing bodies investigate and attempt to increase opportunities for local economic development by increasing the private use of all lands within the county.

Objective 2F: 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.

Objective 2G: Federal and state-managed lands that are difficult to manage, or which lie in isolated tracts should be considered for exchange or sale.

Objective 2H: The general public and the Beaverhead County Board of Commissioners should be notified of, consulted with, and otherwise involved in all federal and state land adjustments in Beaverhead County, as discussed in Appendix H, Framework for Coordination.

Policy 1: The County should have the opportunity to investigate and evaluate all proposed changes to determine if the proposal is in the best interest of the County. Further, the County and other government agencies should collaborate and coordinate with each other in implementing proposed planning activities.

Policy 2: The County will have the opportunity to collaborate, coordinate and make recommendations on proposed public or private land withdrawals for hazardous and non-hazardous waste storage, as well as the types of such waste.

Objective 2J: As discussed herein, before federal and state land agencies change land use, impact studies on the proposed change should be conducted at the expense of the agency proposing the change, and mitigation measures should be adopted in coordination with Beaverhead County. Impact studies should, as needed, address community stability, local custom and culture, grazing rights, flood prone areas, access, and other concerns identified as a concern to the local community.

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 and to participate equitably and fully with the federal and state management agencies.

In accordance with state and 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 state and 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 state and federally managed lands in Beaverhead County.

The Resource Use Committee and the Board have developed a process to coordinate in advance with the federal and state agencies regarding any proposed actions which will alter or impact lands in Beaverhead County. This includes, but is not restricted to, private property rights and private property interests, the economic stability and historically developed custom and culture of the county, the provisions of this Resource Use Plan and the Beaverhead County Comprehensive Plan or Growth Policy. Such agencies are requested, prior to taking official action or issuing a report on a proposed action, to coordinate with the Board. The agencies may accomplish this in part by providing the Board or its agents, in a timely manner, with the proposed purposes, objectives, and estimated economic impacts of such action.

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 will be guided by the following principles:

· To maintain and revitalize the concept of multiple use on all lands in Beaverhead County.

· 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 coordinated manner by federal and state agencies and county officials will not only maintain and revitalize the multiple use of all 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 resource process 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 a history of the livestock, ranching, 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 land management policies of federal or state agencies. The county economy is greatly dependent on businesses operating on federal and state lands. These include timber harvesting, 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.

For more information on the ongoing resource planning process, please refer to Appendix F.

LIVESTOCK GRAZING

Agricultural production in Beaverhead County is necessary to the livelihood and well being of all its citizens. The County must strive to protect our ranching heritage and the vital natural resources needed to keep ranching families in business. The County’s purpose is to provide an alternative to scattered, large lot subdivisions.

Livestock grazing is one of many management tools that may be used to maintain or enhance the range resource. Improving the range resource through livestock grazing benefits watersheds, wildlife, water quality, and recreation as well as providing needed forage for livestock production.

1. GOAL: Continue agriculture use on federal and state lands consistent with historical practice.

Objective 1A: Retain the use of public lands for grazing.

Objective 1B: Recognize and protect all private property rights.

Objective 1C: Provide an environment for working ranches.

Objective 1D: Support the agriculture industry.

Objective 1E: Provide better management of lands and land improvements on livestock range that is also key big game habitat.

Objective 1F: Support the tax base of the county.

Objective 1G: Utilize a coordinated resource management and planning approach to ensure involvement of all interests.

Objective 1H: Enhance and protect riparian areas.

Objective 1I: Encourage consistent management of wildlife populations.

In order to accomplish these goals and objectives, Beaverhead County proposes the following:

Policy 1: Use sound management practices and the development of innovative grazing plans.

Policy 2: Have in place, a rapid response process to address land resource issues.

Policy 3: Work cooperatively with the involved ranchers, and other interested parties to address resource concerns on a site-specific basis.

Policy 4: Use prescribed fire and other approved methods to control sagebrush, weed and tree encroachments, and to enhance, maintain or increase current grazing levels.

Policy 5: Maintain or increase forage available with structural improvements.

Policy 6: Use deferred entry or rest rotation along with structural improvement such as fences or cattle guards.

Policy 7: Use a practical and common sense approach to riparian management.

2. GOAL: Manage rangelands so as to maintain and enhance desired plant communities, and for the benefit of watersheds, wildlife, water quality, recreation and livestock grazing.

Objective 2A: Comply with the all applicable state and federal laws, including the Public Rangelands Improvement Act.

Objective 2B: Encourage effective planning and management to maintain and enhance desired plant communities.

Policy 1: Encourage development of a management plan for each specific allotment.

Objective 2C: Encourage including all grazing improvements, such as water development, juniper/sagebrush control, re-seeding, fencing, salting plans, herding plans, and grazing systems in Allotment Management Plans and allow for the flexibility and updating of the plan during the ten year period.

Objective 2D: Encourage utilization of standards and guidelines that are scientifically proven.

Objective 2E: Encourage decision-making as to improvements on an allotment basis, 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.

Policy 2: Encourage compliance with the multiple-use concept mandated by 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).

3. GOAL: Encourage participation in meaningful coordination between Beaverhead County and all federal and state land management agencies.

Objective 3A: Encourage appropriate compliance with all federal and state statutes.

Objective 2B: Encourage county actions to preserve, support, and increase the county tax ba3e.

Objective 3C: Develop and encourage programs to enhance the effectiveness of local government in the public land planning process for grazing.

Objective 3D: Allow for allotment management planning that will utilize a coordinated resource management and planning approach to ensure grazing on federal and state lands in the future.

Policy 1: Encourage mechanisms to allow subleasing of grazing rights or allotments on state or federal ground.

Policy 2: Encourage mechanisms to allow flexibility of grazing allotments or grazing lease agreements.

4. GOAL: Enable the Beaverhead County Commissioners to take an active role by responding in writing to any allotment management plans. (AMP's)

Objective 4A: Ensure County participation and coordination on every agency, decision affecting the county.

Objective 4B: Have written documentation recorded on behalf of the county showing the comments describing issues of importance to the county.

Objective 4C: Support the county tax base.

Objective 4D: Review federal and state agency plans and regulations to ensure they are consistent with the growth policy for Beaverhead County.

Objective 4E: Encourage creation of a grazing database that determines where the grazing permits are located in the county and show the condition of those areas.

Objective 4F: Develop programs to enhance the effectiveness of local governments in the public land planning process and promote good forest management, riparian management, and grazing management.

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.

1. GOAL: Productive watersheds must be maintained for the preservation of irrigated agriculture.

Objective 1A: Maintain healthy forests for productive watersheds.

2. GOAL: Water rights and irrigation ditch easements are to be protected.

Objective 2A: Encourage that the re-adjudication process protects existing water rights.

3. GOAL: Maintain water storage and conveyance structures.

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.”

JUNIPER, DOUGLAS FIR, SAGEBRUSH AND WEED ENCROACHMENT

The encroachment of juniper, Douglas Fir, and the expansion of sagebrush and weeds 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.

1. GOAL: Encourage and promote the protection of the grassland resource from the invasion and expansion of juniper, Douglas Fir, sagebrush, and weeds.

Objective 1B: Participate in the review of and encourage the inclusion of control measures for woody species in grassland management plans.

Objective 1C: Encourage the implementation of county weed control policies in grassland management plans.

Objective 1D: Continue the county commitment to funding weed control programs in Beaverhead County.

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 uses.

1. GOAL: Encourage utilization of fire and fire suppression to support and expand multiple uses and achieve management goals.

Objective 1A: Encourage utilization of fire suppression in areas where fire would endanger human safety and private property, or valuable vegetation that will support and expand multiple uses.

Objective 1B: Participate in consideration of a “let it burn” policy for areas where invading and expanding shrubs and trees are reducing the value of the rangeland.

Objective 1C: Encourage development of policies for grazing rest prescriptions related to either wildfires or prescribed burns on a site-specific basis.

Objective 1D: Encourage the adoption of the following policies by regulatory entities.

Policy 1: 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.

Policy 2: Post-fire grazing will not be limited when monitoring and evaluation produces relevant, accurate data that demonstrates grazing will not unduly harm the range.

Policy 3: In the planning of prescribed burns, where feasible, market the renewable resource before burning.

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. Said plan is incorporated in this plan by reference. Several other subordinate weed plans exist, including a coordinated cooperative interagency weed management plan.

1. GOAL: Eradicate to the extent possible noxious weeds within Beaverhead County, and minimize the potential for any new infestation that may become established and/or exist in the county.

Objective 1A: Support the Board of Commissioners as the weed authority for Beaverhead County.

Objective 1B: Encourage an increase the county weed budget and procure as much alternative funding for weed control as possible.

Objective 1C: Increase ongoing programs to identify the location of all noxious weeds, and initiate management and eradication.

Objective 1D: Support the Federal Public Rangeland Improvement Act, which virtually mandates cooperation in noxious weed control in order to improve unsatisfactory conditions of federally managed rangelands.

Objective 1E: Support cooperative agreements and if necessary, legal actions to assure the protection of all lands from noxious weed invasion or occupation.

FOREST MANAGEMENT

Sound science and common sense support the premise of active forest management on the forested lands in Beaverhead County. Forest 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, the Bureau of Land Management, and the Montana Department of Natural Resources have the capability to demonstrate that proactive forest management can meet the needs of forest health, multiple use and economic stability.

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).^[1] 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 the 1986 Beaverhead National Forest Plan, Appendix I, Present and Future Forest Conditions. Of 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.

1. GOAL: Achieve good forest health to ensure a healthy and vibrant forest for current and future generations.

Objective 1A: Protect our environmental capital assets by managing mortality.

Objective 1B: Maintain and restore watershed health by demonstrating active forest management.

Objective 1C: Enhance and restore wildlife habitat.

Objective 1D: Promote the early detection and control of insect infestations.

Policy 1: Encourage the creation of a model in Beaverhead County that demonstrates how active management can meet economic needs, while maintaining and restoring watershed health.

Policy 2: Work with the Forest Service in partnership to help assess the state of our forest. Specifically define a "healthy lodge pole stand."

Policy 3: Explore harvest methods that enhance wildlife habitat, through vigorous new growth and a natural mosaic.

Policy 4: Encourage the local manufacture in and use of forest and forest by-products

2. GOAL: Realize a sustainable and continuous supply of timber, forage, firewood, wildlife, fisheries, recreation, and water supplies utilizing multiple use on our public forest lands.

Objective 2A: Support the minimum areas required as single-use, or restrictive-use designations.

Objective 2B: Support the maximum area of land possible to be excluded from single-use or restrictive-use designations, and that excluded land be available for active and sound management.

Objective 2C: Support local land managers on site-specific management decisions.

3. GOAL: Ensure stability in commodity-oriented and aesthetic based planning and decision-making processes. Recognize that both are essential to the well being of Beaverhead County.

Objective 3A: Provide stability within the ecological limits of the land so that companies will make needed investments that provide economic stability and jobs.

4. GOAL: Educate the public on the benefits of long-term sustained yield.

Objective 4A: Encourage public education on the reasons why both science and common sense support active management of our public lands.

Objective 4B: Educate public land managers, local school board officials, and County Commissioners on the importance of public lands to local infrastructure maintenance.

For more information on public opinions regarding forest management, please refer to Appendix I.

WATER RIGHTS

All existing rights to the use of any waters for any useful or beneficial purpose 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.

1. GOAL: Water rights established historically and beneficially used by the citizens of Beaverhead County including but not limited to, the purposes of agriculture (irrigation and stockwater) domestic use, industrial use, mining and power uses are recognized a private property rights and are to be protected as such.

Objective 1A: Any new or additional development of surface water or groundwater after June 30, 1973 will be consistent with Montana laws and the Montana Water Use Act of 1973.

2. GOAL: Allocation of water resources in Beaverhead County are governed by applicable Montana laws and the Prior Appropriation Doctrine.

Objective 2A: Any land use inventory, planning or management activities affecting water resources in Beaverhead County, either directly or indirectly, is coordinated with local government and is consistent with the Resource Use Management Plan of Beaverhead County.

Objective 2B: Use of water resources in Beaverhead County is consistent with local culture and community stability with particular emphasis on the economic stability of the community.

Objective 2C: Recognize that water used for recreation, fish, and wildlife purposes provide economic benefit to Beaverhead County although these uses are not historically recognized as historic water rights or "existing water rights". These uses are generally non-consumptive uses of water.

DITCHES AND CANALS

Ownership of water rights and ditch water rights are distinct property rights.

1. GOAL: Ditch easements are recognized as property rights and will be protected as such.

Objective 1A: Encourage recognition and acknowledgement of the concept that ditch easements include owner rights to enter, inspect, repair and maintain a canal or ditch.

Objective 1B: Implement and encourage the implementation of policies that limit encroachment upon or impairment of easements for canals or ditches, without the permission of the easement owner.

Objective 1C: Adopt and implement policies encouraging the owners of ditch easements to be reasonable in the use of their 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. 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. 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.

1. GOAL: Productive watersheds must be maintained for water quality.

Objective 1A: Maintain healthy forests for productive watersheds.

Objective 1B: Support the Clean Water Act’s focus of achieving fishable and swimable water quality standards.

WATER QUALITY

1. GOAL: The Montana Water Quality Act (Title 75, Chapter 5, Mont. Code Ann.) provides the authority and standards for water quality in Beaverhead County.

Objective 1A: Any land use inventory, planning or management activities affecting point or non-point sources and water quality in Beaverhead County, either directly or indirectly, is coordinated through local government and is consistent with the Resource Use Management Plan of Beaverhead County.

Objective 1B: All management plans and land use practice modifications proposed by either state or federal agencies premised on water quality issues are coordinated through local government and are consistent with the protection of private property rights.

Objective 1C: To recognize the economic and social benefits of customary land use activities in Beaverhead County.

FLOODPLAINS AND RIVER TERRACES

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.

River terraces (benches) 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.

1. GOAL: Continue to reduce property damage in the floodplain.

Objective 1A: Continue installation and maintenance of floodplain protection structures.

Objective 1B: Encourage the use of upstream storage structures and water retention, through a combination of:

1. On stream Storage

2. Off stream storage

3. Structural storage

4. Non-structural storage

Objective 1C: Develop accurate and detailed floodplain mapping in consultation with landowners.

Objective 1D: Discourage construction of structures in floodplain areas, and encourage flood proofing of structures situated in floodplain areas.

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. Wetland sites may 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.

1. GOAL: Develop a cooperative approach to wetlands issues.

Objective 1A: Work with water, wildlife, agencies, agriculture and landowners to achieve acceptable solutions and mutual benefits, both economic and otherwise, on these issues.

Objective 1B: Participate in the process to develop a consistent definition of wetlands and lands adjacent to wetlands.

Objective 1C: In developing a wet lands definition, attempt to include the following components:

1. Define wetlands as naturally occurring areas of predominantly hydric soils presently support hydrophytic vegetation because of the existing wetland hydrology.

2. Define hydric soil as a soil that in its natural state is saturated, flooded or ponded long enough during the active growing season to have predominantly anaerobic conditions at the surface.

3. Define hydrophytic vegetation as a predominance (2/3) of obligate wetland plants and facultative wetland plants.

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.

1. GOAL: Develop a coordinated approach to establishing riparian management plans, which include all uses of the area and impacts and influences.

Objective 1A: Utilization allowances should be designed to enhance the range resource and provide an accurate and verifiable system for the comprehensive monitoring and evaluation of the entire range resource in a pasture or grazing rotation system. Utilization allowances and monitoring and evaluation systems should not make the mistake of measuring one area while excluding other areas of the range resource.

Objective 1B: Beaverhead County encourages the development of riparian management plans in concert and coordination with landowners, ranchers, and the appropriate state and federal agencies.

Objective 1C: Develop a consistent definition of riparian areas.

The county shall encourage defining riparian areas as areas of land directly or indirectly influenced by permanent water. Riparian areas have visible vegetation or physical characteristics reflective of permanent water influence. Excluded are such sites as ephemeral streams or washes that do not exhibit the presence of vegetation dependent upon free water in the soil.

Objective 1D: Coordinate with other agencies any designation of Wild and Scenic Rivers, and other policies regarding riparian management in Beaverhead County.

Objective 1E: Coordinate with other agencies and private entities managing land, waterways, and wetlands containing Threatened or Endangered species

Objective 1F: The county should receive notification of all state, regional, interstate, and federal actions that have any impact on the water of the county prior to such actions being initiated. It shall be the policy of the county to comment on these actions where appropriate.

Policy 1: Develop appropriate Memorandums of Understanding to implement the coordinated management of riparian areas.

Policy 2: The County should work to coordinate proposed actions with this plan prior to adoption and implementation.

2. GOAL: Develop a county water use policy to ensure water quantity and water quality.

Objective 2A: Ensure that such policies do not unreasonably impact water users within the county.

Objective 2B: Review all water policies periodically to determine that they are appropriate and adequate.

Objective 2C: Engage the County in the development, planning, and the management of the water resources of the county.

Objective 2D: Maintain healthy forests to ensure productive watersheds.

Objective 2E: Encourage cost sharing or cost reimbursement of costs incurred by permittees for riparian protection or improvement.

PREDATOR CONTROL

1. GOAL: Control predatory animals and reduce property damage.

Objective 1A: Maintain trapping as a historic and environmentally sound method of controlling predatory animals.

2. GOAL: Encourage control disease bearing vectors, predators and rodents that are a recognized threat to public health.

Objective 2A: Encourage protection of private lands bordering federal and state lands from predatory animals and property damage.

Objective 2B: This protection should fall within the boundaries of good husbandry and sound environmental restraints, not to exclude chemical control.

Objective 2C: Encourage retention of and expansion of an animal damage-control plan for the protection of livestock and crops.

Objective 2D: Government and private entities are encouraged to coordinate their pest control actions and regulations with those of Beaverhead County.

Objective 2E: Government and private entities are encouraged to prepare and implement plans for controlling predatory animals and rodents in accordance with recognized and proven husbandry practices.

WILDLIFE

Hunting big game, waterfowl, and upland game birds has been a traditional part of life in Beaverhead County even before the first settlers. In the early days, hunting was a necessity for survival, and though today it is less essential, it still provides a food resource for many people. Beaverhead County is renowned for its fine big game hunting and provides excellent hunting for county residents and visitors. Income for county residents is provided by such activities as employment as guides, selling supplies and equipment to hunters, and providing meals and housing to hunters.

However, an increased population of wildlife in some areas of Beaverhead County has taxed the available habitat, forcing the wildlife to move onto private property in large numbers, causing damage to private lands and thus a negative impact on private property.

1. GOAL: Maintain and improve wildlife habitat in order to sustain viable and harvestable populations of big game and upland game species, as well as wetland-riparian area habitat for waterfowl, fur-bearers, and a diversity of other game and non-game species.

2. GOAL: Coordinate with the Montana Department of Fish, Wildlife and Parks in consultation with all affected landowners, lessees, and permittees to develop specific Wildlife Management Plans.

Objective 2A: Wildlife Management Plans should include annual head count, population targets, harvest guidelines, special hunts to mitigate damage to private property, and guidelines for future site-specific management plans affecting upland, water fowl and big game habitat.

Objective 2B: Wildlife Management Plans will be directed toward maintaining healthy balanced wildlife populations.

Objective 2C: Encourage rangeland enforced and forest studies to monitor wildlife relationships to the available habitat and the impact on vegetation enhancement projects by wildlife.

Objective 2D: Initiate cooperative studies with willing private landowners on wildlife damage to rangeland and related concerns.

Objective 2E: Reconcile wildlife population fluctuations related to both habitat condition and other non-habitat impacts on reproduction and survival.

Objective 2F: Encourage development of a record keeping system tracking the incidence and disposition of wildlife damage on federal, state and private lands.

Objective 2G: Collaborate and coordinate with federal and state agency on plans and regulations regarding wildlife to ensure coordination with the County Comprehensive Plan.

Objective 2H: Encourage cooperation between federal and state agencies and private landowners to provide stable wildlife populations.

Objective 2I: The opening of access roads for late-season hunts when expected harvest quotas have not been met is especially important.

Objective 2J: The County will coordinate with the Montana Department of Fish, Wildlife and Parks in consultation with all affected landowners, lessees, and permittees to develop specific wildlife population targets, harvest guidelines, and late-season and special hunts when harvest guidelines are not met.

For more information on public opinions regarding hunting and wildlife, please refer to Appendix I.

FISHERIES

Fishing has been a traditional part of life in Beaverhead County even before the first settlers. In the early days, fishing was a necessary part of survival, and though today it is less essential, it still provides a food resource for many people. Beaverhead County is renowned for the blue ribbon streams inside in the county and provides excellent fishing opportunities for county residents and visitors. Income for county residents is provided by such activities as employment as guides, selling supplies and equipment to anglers, and providing meals and housing to anglers.

1. GOAL: Preserve and enhance the fisheries resource in Beaverhead County.

Objective 1A: Prevent the spread of diseases such as whirling disease.

Objective 1B: Prevent the degradation of fisheries through over use.

Objective 1C: Maintain healthy forests for productive watersheds.

2. GOAL: Strike a balance between native and introduced species of fish where both are currently present in a fishery.

Objective 2A: If it is scientifically determined that introduced species are out competing, displacing, or harming the native fish populations, prior to taking any action, the economic impact on Beaverhead County should be determined and considered.

3. GOAL: Strike a balance between the commercial (guides & outfitters) and recreational anglers.

Objective 3A: If overcrowding or over use becomes a problem residents will be given preference over non-residents similar as to what is done for hunting.^[2] For more information on this topic, please refer to Appendix L.

Objective 3 B: Encourage the designation of a section of the Beaverhead River for the exclusive use and enjoyment of the unguided and unoutfitted public.

4. GOAL: Minimize the conflicts between anglers and other resource uses.

For more information on public opinions regarding fisheries and fishing, please refer to Appendix I.

RECREATION

Recreation and tourism are an important part of local business viability through out the county. Recreational activities include camping, picnicking, hiking, fishing and OHV’s in the summer; hunting in the fall; and snowmobile and cross-country skiing in the winter. Local businesses depend heavily on the influx of visitors to the federal and state lands. (Forest Monitoring and Evaluation Report 1990)

1. GOAL: Encourage a broad spectrum of recreation opportunities on the lands in Beaverhead County.

Objective 1A: Provide opportunities for primitive recreational activities, non-motorized and motorized uses, camping, horseback riding uses.

Objective 1B: Encourage recreation and recreation activities that enhance and encourage opportunities for economic development in Beaverhead County.

Objective 1C: Encourage recreational activities on the lands in Beaverhead County that increase the capacity for federal and state land resources to provide more economic return to the county.

Objective 1D: Continue to seek out and expand upon cooperative efforts with interested user groups

Objective 1E: Determine on status maps where the areas of interest for recreation are located.

Objective 1F: When notified that a planning or decision making effort is beginning, the County should submit comments in writing, describing issues they need to have addressed in support of the County.

Policy 1: It shall be the policy of Beaverhead County to consider, review, and comment upon all draft plans and environmental impact statements affecting land in Beaverhead County.

[COMMENT1] 2. GOAL: Encourage recognition of the social, culture, and economic significance of recreation in the region, and encourage implementation of policies that will insure the viability of various recreational opportunities.

3. GOAL: Encourage implementation of plans and programs that provide a balance of motorized and non-motorized summer recreational opportunities in Beaverhead County and southwestern Montana.

For more information on public opinions regarding recreation, please refer to Appendix I.

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 great 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. Energy and mineral resource extraction is consistent with the local history, custom and culture. Therefore, the following are the policy of Beaverhead County:

1. GOAL: Encourage appropriate mineral and energy resource exploration and development in Beaverhead County.

Objective 1A: Encourage elimination of unreasonable or unfounded barriers, prohibitions, and impediments to mineral and energy resource exploration and development.

Objective 1B: Support the retention of existing mineral and energy operations, consistent with sound economic and environmental practices.

Objective 1C: Support large and small-scale mineral and energy resource exploration consistent with sound economic and environmental practices.

2. GOAL: Ensure compliance with all existing state and federal laws regarding oil, gas and mineral exploration and/or their production.

Objective 2A: Carefully evaluate proposed revisions of the General Mining Law of 1872 for undue adverse impact on the mining industry in the county.

Policy 1: The County will make recommendations regarding any such proposed revisions of the General Mining Law of 1872 to the appropriate state and federal representatives in order to influence the outcome to favor the custom, culture, and economy of Beaverhead County.

Objective 2B: Mineral and energy resource exploration and development are among the historic multiple uses on state and federally managed land; their continuance is compatible with the multiple-use principle.

For more information on public opinions regarding energy and mineral resources, please refer to Appendix I.

CULTURAL, GEOLOGIC, AND PALEONTOLOGICAL 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."

1. GOAL: Encourage the preservation of all parts of our cultural heritage.

Objective 1A: Recognition of special features in Beaverhead County, including:

· campsites, buffalo jumps, pictographs and quarries once used by the American Indian

· the Lewis and Clark Expedition route through Beaverhead County

· Bannack, the first capitol of Montana

· Other historic sites, including the many mines and mills scattered throughout the Pioneer Range.

WILDERNESS

The Wilderness Act of 1964 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." 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.

1. GOAL: Beaverhead County will take a proactive approach in the designation and management of wilderness areas in Beaverhead County.

Objective 1A: Uphold the legal requirements and qualifications set forth by the Wilderness Act, including those providing for the continuation of existing uses, and the regulation of existing uses only so as to prevent unnecessary or undue degradation of the environment.

Policy 1: Beaverhead County will forward to Congress and to the appropriate decision-making agencies its recommendations regarding areas proposed as wilderness or non-wilderness areas. Said recommendations will be based upon the county’s evaluation of impacts upon Beaverhead County and southwestern Montana, and may include proposals for modifications or adjustments of boundaries of proposed areas.

Objective 1B: Beaverhead County advocates the expeditious review and determination of any Wilderness Study Areas in the County.

Objective 1C: Review current wilderness recommendations 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.

Policy 2: A recommendation from the County will be forwarded to Congress based on the evaluation of impacts to the County.

Policy 3: A recommendation from the County will be forwarded to Congress for modification or adjustment of boundaries based on this evaluation.

Objective 1D: Eliminate multiple-use land being closed indefinitely in "study areas", even though the land does not meet the wilderness requirements and qualifications set forth by the Wilderness Act.

2. GOAL: Protect Montana’s water resources and water adjudication system.

Objective 2A: Recognition that a wilderness designation does not affect state authority over water resources and 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.

Objective 2B: Protect any interests in ditches, reservoirs or water conveyance facilities and easements or rights or way associated with those interests, from impairment or diminution by any wilderness designation.

Objective 2C: Reaffirm the rights to access to enter, inspect, repair, and maintain those interests are not affected by any wilderness designation, including the use of mechanized vehicles and equipment for repairs and maintenance of such facilities.

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 is not to be “construed to abrogate any existing rights, privileges, or contracts affecting Federal lands held by any private party without the consent of said party.”

1. GOAL: Beaverhead County will take a proactive approach in the designation and management of any Wild and Scenic River segments or similar designations in Beaverhead County.

Objective 1A: The County will develop it’s own management plan for any proposed Wild and Scenic River segment or similar designation in the County.

Objective 1B: Uphold the legal requirements and qualifications set forth by the Wild and Scenic Rivers Act including those providing for the continuation of existing uses, and the regulation of existing uses only so as to prevent unnecessary or undue degradation of the environment.

Objective 1C: Review any proposed Wild and Scenic River recommendations 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.

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 ecological, 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.

1. GOAL: Beaverhead County will develop a proactive approach in the designation and management of any species designated in any category or classification for protection or consideration of protection, under the Endangered Species Act or similar designations in Beaverhead County.

Objective 1A: Compliance with the full procedural provisions of applicable state and federal statutes.

Objective 1B: Beaverhead County will participate fully with federal and state agencies to prepare an analysis of the economic and social impacts such designation will have on the County prior to the designation of any species for protection under the Endangers Species Act.

Objective 1C: Beaverhead County will consider the information from the above analysis to develop a coordinated management plan with state and federal agencies for the management of any species designated for protection under the Endangered Species Act in the County.

Objective 1D: Beaverhead County will participate and coordinate with federal and state agencies to prepare an analysis of the economic and social imparts such an introduction or reintroduction will have on the County prior to the introduction or reintroduction of any species designated for protection under the Endangered Species Act in the County.

Objective 1E: Any threatened or endangered species designation should not disrupt uses of the land and it should be consistent with Beaverhead County’s Growth Policy.

Objective 1F: Beaverhead County believes that protection of endangered and threatened species can be most effectively achieved by cooperation between private landowners and public land users 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 all federal and state managed lands within the county. To that end, Beaverhead County proposes the following for their growth management plan.

1. GOAL: Maintain the historic right to travel over federal and state lands wherever necessary in pursuit of mining, ranching, farming, logging, recreational activities, motorized vehicle use, and all other historic uses.

Objective 1A: Support the economy of the county.

Objective 1B: Keep all rights of way going to and inside of pubic lands open for the enjoyment of all the public.

Objective 1C: Identify mechanisms to help maintain the uses of the roads.

Objective 1D: Enhance the opportunities for further economic development.

Objective 1E: Control the spread of noxious weeds.

Objective 1F: Maintain open spaces

Objective 1G: Protect the environment.

Objective 1H: Encourage adoption of rules controlling off road recreational use of 4 wheelers and other ORV’s.

2. GOAL: Protect private property rights in the County.

Objective 2A: Access to and/or across federal and state managed lands within the County should not entail encumbrances or restrictions on private property rights.

3. GOAL: Beaverhead County will develop a coordinated approach to the issues of roads and rights of ways with state and federal agencies.

Objective 3A: The prevailing federal law with respect to roads and rights-of-way is RS 2477 (the Act of July 26, 1866) which states in Section 8: “The right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.”

Objective 3B: Federal statute defines federal land rights-of-way 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 my include, but not be limited to, horse paths, cattle trails, irrigation canals, waterways, ditches, pipelines or 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.

Objective 3C: Road closures and obliterations in the County will not occur where there may be possible RS 2477 rights-of-way, without meaningful coordination and concurrence between Beaverhead County, local interested parties, and relevant federal and state land management agencies.

4. GOAL: Beaverhead County, in coordination with federal agencies and state land management agencies will work to develop a complete inventory of all roads and rights-of-way in Beaverhead County.

Objective 4A: Inventory will include, but is not limited to, a database, maps, GIS locations and photographs.

For more information regarding public opinion of roads, please refer to Appendix I.

LAW ENFORCEMENT

1. GOAL: Preserve and protect the peace and dignity of the people of Beaverhead County; protect their rights and privileges established under the Montana Constitution and the Constitution of the United States.

Objective 1A: Develop interagency cooperative agreements to insure full cooperation of federal and state law enforcement agencies with the Beaverhead County Sheriff.

Objective 1B: Beaverhead County Sheriff is to be advised of all law enforcement activities in Beaverhead County.

Objective 1C: Beaverhead County Sheriff is to have prior notification by any federal law enforcement agency of any investigations, searches, arrests, or any other law enforcement activities.

Objective 1D: Beaverhead County Sheriff is to have prior notification by any state law enforcement agency of any investigations, searches, arrests, or any other law enforcement activities.

2. GOAL: Obtain the maximum federal and state funding available to support local law enforcement and related activities, which may include fighting fire, search and rescue, and other activities as needed.

Objective 2A: Apply for and have state and federal agency support and concurrence to budget and appropriate funds for local law enforcement and related activities.

Objective 2B: Develop interagency cooperative agreements with respect to budget and appropriated funds for local law enforcement and related activities.

Objective 2C: Enhance the county law enforcement-training program through available state and federal funds and state and federal training programs and facilities.

Objective 2D: Create a written policy and/or protocol for working with federal and state law enforcement agencies.

3. GOAL: To hire additional staff, jail and dispatch personnel as well as sworn officer personnel.

THE CONTINUING PROCESS

Land and natural resources are essential to local industry and residence. It is the policy of this county that the design and development of all federal and state land dispositions and acquisitions, including boundary adjustments or land exchanges, be carried out for the benefit of individual property owners and 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.

APPENDIX A:

Ten-Year Average Annual 25% Fund Payments to Montana Counties

Payment National............... Ten Year

Per Acre Forest............................... Average Payment

Rank 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

APPENDIX B: Bureau of Economic Assessment Regional Facts

Beaverhead County, Montana 1987-97

Beaverhead is one of 56 counties in Montana. It is not a part of a Metropolitan Area. Its 1997 population of 8980 ranked 25^th in the State.

PER CAPITA PERSONAL INCOME

In 1997, Beaverhead had a per capita personal income (PCPI) of $18,355. This PCPI ranked 20^th in the State, and was 93 percent of the State average, $19,660, and 73 percent of the national average, $25,288. In 1987, the PCPI of Beaverhead was $11,387 and ranked 35^th in the State. The average annual growth rate of PCPI over the past 10 years was 4.9 percent. The average annual growth rate for the State was 4.5 percent and for the nation was 4.7 percent.

TOTAL PERSONAL INCOME

In 1997, Beaverhead had a total personal income (TPI) of $164,831*^[3]. This TPI ranked 21^st in the State and accounted for 1 percent of the State total. In 1987, the TPI of Beaverhead was $96,334* and ranked 24^th in the State. The average annual growth rate of TPI over the past 10 years was 5.5 percent. The average annual growth rate for the State was 5.5 percent and for the nation was 5.8 percent.

COMPONENTS OF TOTAL PERSONAL INCOME

Total personal income (TPI) includes the earnings (wages and salaries, other labor income, and proprietor’s income); dividends, interest, and rent; and transfer payments received by the residents of Beaverhead. In 1997, earnings were 53.7 percent of TPI (compared with 53.8 percent in 1987); dividends, interest, and rent were 23.8 percent (compared with 25.6 percent in 1987); and transfer payments were 22.5 percent (compared with 20.6 percent in 1987). From 1987 to 1997, earnings increased on average 5.5 percent each year; dividends, interest, and rent increased on average 4.8 percent; and transfer payments increased on average 6.4 percent.

EARNINGS BY INDUSTRY

Earnings of persons employed in Beaverhead increased from $57,567* in 1987 to $98,764* in 1997, an average annual growth rate of 5.5 percent. The largest industries in 1997 were services, 19.8 percent of earnings; state and local government, 17.1 percent; and retail trade, 11.0 percent. In 1987, the largest industries were state and local government, 19.4 percent of earnings; services, 14.9 percent; and retail trade, 11.8 percent. Of the industries that accounted for at least 5 percent of earnings in 1997, the slowest growing from 1987 to 1997 was transportation and public utilities; the fastest was finance, insurance, and real estate (8.4 percent of earnings in 1997), which increased at an average annual rate of 16.5 percent.

APPENDIX C: MULTIPLE USE AND COORDINATION WITH FEDERAL AND STATE AGENCIES

Selected Citations of Federal Code and Case Law Affecting County Planning.

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 will 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 that is engaging in land use planning. It requires the Secretary [of Interior] to “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] is to “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 (10^th 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.

USDA 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 culture⁵, heritage, and custom⁶ of local government.

16 U.S.C. Section 4331

“It is the continuing responsibility of the federal government to use all practicable 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 EIS 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 with¼the 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] may¼ (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 fisc⁸.”

APPENDIX D; RESOURCE USE COMMITTEE

1.) All members of the Resource Use Committee shall be residents of Beaverhead County.

2.) 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 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 Economics

Endangered Species Fisheries

Forestry and Timber Management Grazing

Mining, Oil, and Gas Policies and Procedures

Private Property Public Relations, Communication

Recreation Roads

Rivers Water

Weeds Wildlife

APPENDIX E: COMPENSATION TO COUNTIES FOR FEDERAL LANDS

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 A. Appendix A 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.

Senate Bill 1608, The National Forest Counties and Schools Coalition Bill, passed in 1999 provides a safety net option for counties that receive timber receipt dollars. The program that will sunset in 2006 will provide $202,000 per year to Beaverhead County for schools and roads.

PILT PAYMENTS TO BEAVERHEAD COUNTY

Beaverhead County has a total of 2,051,7+ 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 has never been 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

Acres Receipts Acres Receipts Income/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. These funds are 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.

In 1998, Beaverhead County received $49,242 under the Refuge Revenue Sharing Act from approximately 44,963 acres in the Red Rock Lakes National Wildlife Refuge. This was all formerly privately owned land.

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

APPENDIX F: PUBLIC INVOLVEMENT

CREATION OF POLICY

How the Resource Use Plan was created.

	Stage of Policy Development Process	Responsibilities and Activities	Opportunities for Participation
Resource Sub-Committees	Beginning of Process: -Thoughts and Ideas are Discussed, Information Gathered and Initial Draft Policy Developed in Resource Sub-Committees.	- Development of Initial Draft Policy for Resource Issues Delegated to Sub-Committee. - Recommendations sent to Resource Use Committee.	- Serve as Resource Sub-Committee Officer - Serve as a Resource Sub-Committee Member - Provide Technical Assistance to Sub-Committee - Provide