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 t