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Governor appeals for stay in BLM bison grazing decision

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Governor appeals for stay in BLM bison grazing decision


Gov. Greg Gianforte filed arguments in an attraction Friday making an attempt to halt the issuance of grazing permits for bison owned by the nonprofit group American Prairie, contending partially {that a} current determination to bar the bison from state land renders evaluation by the Bureau of Land Administration insufficient.

Gianforte’s submitting is available in an attraction to the Inside Board of Land Appeals looking for a keep on BLM’s granting of grazing leases on 63,500 acres of public land in north-central Montana. Gianforte, Lawyer Basic Austin Knudsen and livestock teams had appealed the company’s determination to grant the leases to Inside Division administrative regulation Decide Veronica Larvie. The attraction requested a keep that might put the choice on maintain throughout the attraction.

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In October, Larvie discovered the attraction “had raised vital doubts concerning the adequacy of BLM’s evaluation and the sufficiency of the general public’s alternative to meaningfully take part,” however denied the keep on grounds that the state had not proven the chance of instant hurt. She wrote that the state’s request was “undermined” by the truth that American Prairie holds one other state lease “that authorizes bison grazing.” That lease was granted when a distinct governor was in workplace. She additionally wrote that present leases are assembly rangeland well being assessments.

In late October, the Montana Division of Pure Assets and Conservation notified American Prairie that the state wouldn’t permit bison grazing on two state parcels contained in BLM’s determination, totaling about 3,700 acres.

The choice was praised by livestock teams, with Montana Stockgrowers Affiliation President Jim Steinbiesser telling the Billings Gazette that his group believed BLM’s determination made particular lodging to American Prairie, comparable to removing of some inside fencing, not levied on cattle grazers.

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American Prairie instructed the Gazette it could place fencing to maintain bison out, and deliberate to have it in place by the spring.

“We’re working with everybody to try to work out what we are able to do there,” Scott Heidebrink, director of bison restoration, instructed the Gazette in November.

Gianforte’s attraction argues that as a result of BLM’s evaluation included the state parcels, American Prairie’s plan so as to add further fencing was not contemplated nor analyzed within the federal company’s determination.

“Permitting APR to proceed in deviation from a contested Ultimate Determination, within the absence of research and public involvement, is just not solely legally fraught however disingenuous to the method resulting in the Ultimate Determination,” the attraction states.

The governor’s attraction additionally asks the board to overturn Larvie’s denial of a keep for a number of different causes. The attraction argues that the decide didn’t sufficiently analyze the state’s authorized arguments, which included whether or not relevant grazing legal guidelines allowed for grazing a non-commercial herd of bison. The submitting additional contends that the decide solely analyzed potential hurt from one allotment moderately than a number of allotments approved by BLM’s determination. The denial of a keep infringes on the state’s skill to handle state lands, the attraction states.

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American Prairie has a objective of buying sufficient non-public land in north-central Montana to connect with 3 million acres of present public lands. As soon as tied collectively, the lands would create a functioning short-grass prairie ecosystem with native wildlife, together with bison.

Due to its plans, the group has come underneath fireplace from livestock teams, Republican lawmakers and plenty of residents in areas comparable to Phillips County who consider the group’s buying of ranch and farmland comes on the expense of rural communities and agriculture. The difficulty of personal property rights has additionally been a frequent theme in debates in protection of American Prairie, because the group acquires land from prepared sellers.

American Prairie on Dec. 8 introduced it had relocated 45 bison from its conservation herd to tribes in Montana and Washington.


The Billings Gazette’s Brett French contributed to this story. 

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National park tourist dies after being swept over waterfall: officials

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National park tourist dies after being swept over waterfall: officials


A young woman from Pennsylvania died at Glacier National Park after she was swept over a waterfall, park officials say.

The 26-year-old fell into the water near St. Mary Falls at around 5:20 p.m. on Sunday, according to officials. The waterfall, which is located in Glacier County, Montana, is around 35 feet tall.

After falling, the woman was washed over the waterfall and was trapped underwater for several minutes.

Bystanders at the park quickly assisted and brought the woman out of the water before first responders arrived. Bystanders also administered CPR on the woman before park rangers and ambulance personnel took over.

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YOSEMITE NATIONAL PARK EMPLOYEE TARGETED IN BRUTAL RAPE INCIDENT: OFFICIALS

A young woman from Pennsylvania died after falling into a creek near St. Mary Falls in Montana. (iStock)

The Pennsylvania resident was declared dead at around 7 p.m. that night. Glacier National Park says that the woman’s death is being investigated.

“The park extends their deepest condolences to family and friends of the woman and asks that the public respect their privacy,” the park’s statement added.

YELLOWSTONE TOURIST SENTENCED TO 7 DAYS IN JAIL OVER ‘DANGEROUS’ CAUGHT-ON-CAMERA INCIDENT

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St Mary Falls at Glacier National Park

St. Mary Falls, located in Glacier National Park, has a height of around 35 feet. (iStock)

Drowning and falls are top causes of death at Glacier National Park. Last year, a 28-year-old woman from Kansas died after falling into one of the park’s creeks.

In 2017, a visitor taking photos fell into a creek at the park and was swept off a steep cliff. The 26-year-old man, who fell around 100 feet, was pronounced dead.

Glacier National Park sign

Glacier National Park is located in Montana. (Getty Images)

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Authorities are actively investigating the incident. There is no additional information at this time.

The Associated Press contributed to this report.

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Montana SupCo Affirms Decision to Shutter Whistle Stop Retreat – Flathead Beacon

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Montana SupCo Affirms Decision to Shutter Whistle Stop Retreat – Flathead Beacon


The Montana Supreme Court in a decision earlier this month upheld a Flathead County District Court ruling that shuttered a property on the west shore of Lake Five, known as the Whistle Stop Retreat, in 2022.

The latest decision in the lawsuit, first filed in 2020, affirmed the district court’s ruling that Flathead County erroneously granted a Major Land-Use Permit for a guest cabin development off Grizzly Spur Road in West Glacier.

“The County abused its discretion by failing to consider the restrictive easements on Grizzly Spur Road as required,” according to the opinion.

The 23.1-acre lakeshore property, owned by Susan Dietz and operated as G&M Trust, has several buildings spread across two tracts of land, including a single-family home, three guest cabins, a replica train caboose and fire watchtower. The retreat was operated as a short-term rental business, with several buildings listed on AirBnB.

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Dietz requested the permit to construct a barn with living quarters, a pavilion and several additional guest rental cabins. Despite the Middle Canyon Land Use Advisory Committee recommendation that the permit be denied due to concerns over legal access to the property, the Flathead County planning board and county commission approved the application.

A nonprofit group, Friends of Lake Five Inc. (FLFI), sued the county in district court alleging the permit was in violation of Montana Administrative Procedure Act, the Montana Subdivision and Platting Act, the Montana Lakeshore Protection Act and the Montana Constitution. The neighborhood group noted that several buildings on the property had already been constructed or renovated without proper permitting, and easement restrictions on the access road prevented commercial use of the land.

A primary point of contention with the permit revolved around whether Grizzly Spur Road provided legal access for nonresidents to use the property. Under the Canyon Area Land Use Regulatory System (CALURS), which regulates land use near West Glacier, the County Commission must consider whether developments comply with all access and road standards. Grizzly Spur Road is subject to several private easements dating back to the 1990s which limit access to residential use.

Dietz argued, however, that a 2019 amendment to CALURS redefined “residential use” to include short-term rentals, therefore allowing her to continue to operate Whistle Stop Retreat. The district court disagreed, stating “G&M provides no evidence or argument that would indicate that the drafters of the 1997 easement agreements understood the term “residential” to include short-term rentals,” and that under CALURS, “the provision setting the greater restriction or higher standard shall apply.”

District Court Judge Amy Eddy revoked the permit in a March 2022 ruling, which Dietz subsequently appealed to the Montana Supreme Court.

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In addition to revoking the permit, Eddy granted a permanent injunction preventing any future construction or expansion of the property, any commercial use including overnight resort accommodations without “obtaining legal access and compliance” with state and local regulation, and required Dietz to restore the property to its “previous unaltered condition.”

In their opinion, the Montana Supreme Court affirmed Eddy’s order revoking the permit, granting the permanent injunction and awarding attorneys’ fees. However, the court reversed the requirement that G&M Trust restore the property to its previous unaltered condition.

“Although the District Court was correct in its determination that the G&M Property may not be used for commercial purposes, the authority upon which the District Court relied for ordering restoration of the property to its original condition is not readily apparent … Accordingly, we hold that the District Court erred,” according to the opinion.

The attorneys’ fees and general costs Dietz owes FLFI amount to $43,053 and $1,878, respectively, according to court filings. Flathead County settled with FLFI over attorneys fees in May 2022, paying the group $47,000.

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Bozeman's Duncan Hamilton surges to sixth-place finish in 3,000-meter steeplechase at U.S. Olympic Trials

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Bozeman's Duncan Hamilton surges to sixth-place finish in 3,000-meter steeplechase at U.S. Olympic Trials


EUGENE, Ore. — Bozeman’s Duncan Hamilton surged over the final 1,000 meters Sunday to run to a sixth-place finish in the 3,000-meter steeplechase finals at the U.S. Olympic Team Track and Field Trials at Hayward Field.

Hamilton, a Montana State alum now with the Nike/Bowerman Track Club, finished the race in 8:29.20 to finish just outside the top five.

He stayed near the back of a tight pack throughout much of the race and entered the final 1,000 meters in 13th place. But he was one of only four racers — joining winner Kenneth Rooks, second-place Matthew Wilkinson and third-place James Corrigan — to run the final 1,000 meters in less than 2:40. Hamilton ran the final 1,000 meters in 2:39.06 to climb seven places.

Rooks, running for Nike, pulled away on the final lap to win in 8:21.92, running the final 1,000 meters in 2:33.63. Wilkinson, an Under Armour/Dark Sky Distance runner, was second at 8:23.00, and Corrigan, who just completed his sophomore year at BYU, was third at 8:26.78.

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Hamilton qualified for the steeplechase finals by placing eighth in his heat and 13th overall in Friday’s prelims.

Here is a schedule of events still remaining for Montana athletes (* indicates athletes must qualify):

Monday, June 24

Men’s 110-meter hurdles, first round, 6:05 p.m. — Derrick Olsen, Helena (Montana State)

Thursday, June 27

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*Men’s 110-meter hurdles, semifinals, 6:01 p.m. — Derrick Olsen, Helena (Montana State)

Women’s 1,500-meter run, first round, 6:23 p.m. — Dani Aragon, Billings (Notre Dame), and Christina Aragon, Billings (Stanford)

Men’s 400-meter hurdles, first round, 7:20 p.m. — Drake Schneider, Eau Claire, Wis. (Montana State)

Friday, June 28

Women’s javelin, quarterfinals, 5 p.m. — Alysa Keller, Billings (BYU)

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*Women’s 1,500-meter run, semifinals, 6:58 p.m. — Dani Aragon, Billings (Notre Dame), and Christina Aragon, Billings (Stanford)

*Men’s 400-meter hurdles, semifinals, 7:21 p.m. — Drake Schneider, Eau Claire, Wis. (Montana State)

*Men’s 110-meter hurdles, finals, 8:50 p.m. — Derrick Olsen, Helena (Montana State)

Sunday, June 30

*Women’s javelin, finals, 5:10 p.m. — Alysa Keller, Billings (BYU)

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*Women’s 1,500-meter run, finals, 6:09 p.m. — Dani Aragon, Billings (Notre Dame), and Christina Aragon, Billings (Stanford)

*Men’s 400-meter hurdles, finals, 6:20 p.m. — Drake Schneider, Eau Claire, Wis. (Montana State)





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