Montana
Montana Free Press: ‘White farmers’ ad airs amid racial baiting in U.S. Senate race
About that ‘white farmer’ ad
The Discrimination Financial Assistance Program was designed to address generations of racial injustice in federal farm policy.
Tuesday, September 24, 2024
Montana Free Press
This story is excerpted from Capitolized, a weekly newsletter featuring expert reporting, analysis and insight from the reporters and editors of Montana Free Press. Want to see Capitolized in your inbox every Thursday? Sign up here.
The Crow community was still fuming over a leaked audio recording of Senate candidate Tim Sheehy talking about tribal members “drunk at 8 a.m.” when a new TV ad began circulating about “white farmers” being excluded from a federal farm aid program.
“They’re just saying it out loud, now,” Rae Peppers told herself in disbelief. The ad struck the Crow tribal member and former Democratic state legislator as blatant race-baiting, and it arrived as Tribal Chairman Frank White Clay was being pressured to call out Sheehy about a campaign anecdote that had offended many Indigenous Montanans.
Though the ad never identified the aid program, Peppers recognized it. The U.S. Department of Agriculture had set up a booth at Crow Native Days in June. Tribal members with small farm and ranch operations inquired about debt forgiveness. Peppers said she collected USDA literature to learn more about DFAP, short for Discrimination Financial Assistance Program. In the American West, the 228 Montana farmers who qualified for the assistance are second only to California’s 1,059, according to USDA data.
Just as the ad said, Montana’s incumbent Democratic Sen. Jon Tester had voted for the program, twice, the second time to fix it. Senate Leadership Fund, Republican Senate Leader Mitch McConnell’s $124 million unaffiliated super PAC, used for supporting candidates and non-coordinated expenses, paid for the ad.
“You know, the USDA runs more than 60 direct and indirect programs for farm aid. And we’re talking about two, possibly just one, for Indians, farmers that have Indianness in them,” said Susan Webber, a member of the Blackfeet Tribe. Webber, a Democrat, serves on the Agriculture Committee in the state Senate. “They [non-Indigenous farmers] get direct payments, they get crop insurance. In 2019 they received $22 billion in government payments. Indians don’t get that.
“The average market value for products sold by a Native American-owned farm is around $50,000 a farm, compared to white-owned farms and ranches, which is approximately $187,000. They’re not the big conglomerates,” Webber said of Indigenous farmers. “They’re just regular farmers. Really, it confirms that Native Americans are just eking out a living. And the commercial has these white disadvantaged farmers saying they’re disadvantaged? They got $22 billion.”
Montana ranks 18th nationally as a recipient of farm aid, according to the Environmental Working Group, a subsidy watchdog. Payments to Montana farmers in 2023 totaled $450 million, with crop insurance accounting for 48%. Ten different programs issued payments to 20,377 applicants, some of whom are counted in more than one program. Two of them are featured in the “white farmer” ad. Still, 61% of Montana farmers received no subsidy.
In eastern Montana, where 82% of the state’s agricultural products are produced, the 2022 ag census counted 640 Indigenous farmers and 29,053 white farmers.
The Discrimination Financial Assistance Program wasn’t a slam dunk for Congress. The first version — the one referenced by McConnell’s leadership fund ad, stalled in court. The $4 billion program was part of the American Rescue Plan, which passed in March 2021.
Scott Wynn, a white farmer in Florida, sued USDA because he didn’t qualify under DFAP’s race-specific loan forgiveness terms, which were designed to address generations of racial injustice in American farm policy. The U.S. District Court, Middle Florida District, blocked the program before it started. Later, Wynn prevailed.
Congress then retooled the program and passed a smaller version within the Inflation Reduction Act in late summer 2022. The terms were broadened to accommodate non-racial forms of discrimination. Tester voted for the Inflation Reduction Act.
The decades-old backstory of the loan-forgiveness program’s funding involves lawsuits filed by minority farmers who suffered decades of discrimination. For Indigenous farmers, the case was George and Marilyn Keepseagle v. Agriculture Secretary Tom Vilsack. The Standing Rock Sioux couple proved that because of race they had been denied low-interest loans and other USDA services. The government settled, agreeing to forgive $80 million in loans, while also paying $680 million in damages to 3,600 Indigenous farmers.
Two years before Keepseagle was filed, Black farmers sued on the same grounds in Timothy Pigford v. Agriculture Secretary Dan Glickman, leading to a $1.06 billion settlement for nearly 16,000 Black farmers.
Note: This story originally appeared on Montana Free Press. It is published under a Creative Commons license.
Montana
Montana AG letter alleges Helena violates law banning ‘sanctuary cities’
HELENA — On Monday, Montana Attorney General Austin Knudsen sent a letter to the City of Helena claiming the municipality is not in compliance with the state’s law banning “sanctuary cities.” The letter comes just under a month after the State of Montana launched an investigation into a city resolution on Helena Police policy and Helena’s involvement in federal immigration enforcement.
In the letter, Knudsen laid out the ways he believes the city’s resolution violated state law. The attorney general gave Helena 15 days to respond or reverse the policy. If the city does not comply, his office will pursue legal action.
“Helena’s resolution appears to contain blatant violations of this law,” wrote Knudsen.
MTN News
On January 26, 2026, the City of Helena adopted a resolution clarifying when and how the Helena Police Department will cooperate with federal immigration officials. The vote was 4 to 1. The Helena commission seats and the mayor are elected in non-partisan races.
In the letter, Knudsen alleges the resolution established “a broad sanctuary city policy” that seeks to protect every illegal immigrant, regardless of whether the individual had committed a serious crime or not. The state further claims the resolution gives illegal immigrants “special privileges” in plea deals and establishes a “free-for-all policy” where a police officer can request the unmasking of Department of Homeland Security and ICE officers.
Knudsen has requested that the City of Helena, in their response, specifically describe in detail how the resolution complies with Montana law, provide emails and correspondence from city staff and the commission regarding the resolution.
Helena City manager Alana Lake told MTN in a statement: “The City of Helena is aware of the issues being raised by the Attorney General’s Office and is reviewing the matter. While we cannot discuss the details of a potential legal issue, the City is committed to transparency and compliance with the law. The City takes these matters seriously and will continue to cooperate with the appropriate authorities while remaining focused on serving our community.”
MTN News
Passed in 2021, Montana House Bill 200 prohibits a state agency or local government from implementing any policy that prevents employees or departments from communicating with federal agencies regarding immigration or citizenship status for lawful purposes. It also states governments must comply with immigration detainer requests if they are lawfully made.
HB 200 was backed by Republicans and passed with only Republican votes. Gov. Greg Gianforte signed the legislation into law on March 31, 2021.
Passage of the resolution by the Helena City Commission has drawn ire from conservative voices in Montana politics and on the national level.
MTN News
The resolution said the commission supported the Helena Police Department avoiding “committing its resources to federal action for which it has no authority,” such as entering into an agreement with the federal government to directly enforce immigration laws. Under federal law, immigration enforcement is conducted by federal agencies under the Department of Homeland Security. However, under the Immigration and Nationality Act, state and local governments can voluntarily enter into 287 (g) agreements with the federal government that allow them to enforce immigration laws.
The commission further supported HPD’s policy not to stop, detain, or arrest a person solely on suspected violations of immigration law, including assisting other agencies in an arrest based solely on immigration law.
DEEPER LOOK: Helena has seen a growing debate over ICE and local police involvement
In the resolution, the commission also supported an HPD officer, using their own discretion, requesting the identification and unmasking of a Department of Homeland Security Officer if the HPD officer “feels it will not be interfering with the actions of federal officers exercising their jurisdiction.”
“This adversarial relationship by local law enforcement toward federal officers itself undermines public safety and forces immigration officers to fear for their safety when they are simply carrying out their lawful duties,” wrote Knudsen.
The resolution further supports the City of Helena’s policy not to consider immigration consequences in a plea agreement with a defendant.
Mack Carmack, MTN News
The commission also supports the City of Helena not disclosing any sensitive information about any person – including immigration status, sexual orientation, or social security number – except as required by law.
“This is a restriction that directly conflicts with Montana’s prohibition on sanctuary jurisdictions, specifically ‘sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person’s citizenship or immigration status for a lawful purpose,’” the attorney general wrote.
If a government is found to be violating Montana’s law banning “sanctuary cities”, the state could fine them $10,000 every five days, prevent them from receiving new grants from the state, and have their projects with the state re-prioritized. A government in violation can avoid penalties by becoming compliant with the law within 14 days of being notified of the violation.
Read the full letter from the Montana Attorney General to the City of Helena:
Montana
Dispatches from the Wild: Montana’s wild inheritance at risk | Explore Big Sky
Steve Pearce and the future of the BLM
By Benjamin Alva Polley EBS COLUMNIST
If you care about hunting elk in crisp October air, floating a clear-running river for cutthroat trout, or simply taking your kids camping beneath a sky unspoiled by drill rigs, you should be outraged that Steve Pearce was ever considered to run the Bureau of Land Management.
The BLM is the largest landlord in the West. It oversees nearly 245 million acres of public land—millions of those acres in and around Montana’s most cherished places. This land is the backbone of our elk and mule deer herds, our sage grouse leks, our pronghorn migration routes and our blue-ribbon trout streams. It’s also the stage on which Montana’s hunting, fishing and outdoor recreation economy plays out.
Putting someone with Steve Pearce’s environmental record in charge of that land is like handing your cabin keys to the arsonist who’s always hated it. In the four months since Pearce was first nominated, it emerged that, if confirmed, he and his wife would divest from more than 1,000 oil and gas leases in Oklahoma to address potential conflicts of interest. While some senators strongly support his “active forest management” approach, he still faces opposition from groups alarmed by his record on public land transfers. On March 4, the Senate Energy and Natural Resources Committee voted 11-9 to advance his nomination, despite concerns from conservation groups.
Pearce’s track record is no mystery. He has consistently sided with extractive industries at the expense of wildlife, habitat and public access. He has supported opening more public lands to oil and gas drilling, weakening bedrock environmental safeguards and undermining science-based management. His votes and public statements have signaled again and again that he sees wild country as an obstacle to be overcome, not a legacy to be stewarded.
For Montana, that posture is an existential threat. Our big-game herds rely on intact winter range and unfragmented migration corridors across BLM lands. Aggressive drilling, poorly planned roads and relaxed reclamation standards shred those habitats. Once you carve up a landscape with pads, pipelines and traffic, you don’t get solitude—or mature bull elk—back with the stroke of a pen.
Anglers should be just as alarmed. Headwater streams and riparian corridors on BLM ground are the life support system for native bull trout, cutthroat and wild trout. A BLM director hostile to environmental safeguards is far more likely to greenlight development that increases sediment, degrades water quality and depletes the cold, clean flows our rivers depend on.
If Pearce takes office, outdoor recreation—and the rural economies built around it—will not be spared. In Montana, hunting, fishing and outdoor recreation pump billions of dollars into local businesses, guiding operations, gear shops and main-street cafes. People travel here precisely because of the open space, healthy herds and functioning ecosystems that BLM lands help sustain. When those landscapes are sacrificed to short-term profit, we don’t just lose scenery; we lose jobs, identity and a way of life.
This is not a partisan issue, especially in Montana. Public lands are one of the few things we truly share: ranchers who graze allotments, tribal communities with cultural ties to these places, hunters and anglers who’ve long defended habitat, and families who just want a place to pitch a tent. A BLM director should be a careful, science-driven steward accountable to all Americans—not a politician with a history of dismissing environmental protections as red tape.
Montanans know what’s at stake. We’ve fought bad ideas before—land transfers, giveaway leases, rollbacks to bedrock conservation laws—and we’ve won when we stood together. Steve Pearce’s nomination should have been dead on arrival. The fact that he was even on the list tells us how vigilant we must remain.
Our outrage must translate into action: calling elected officials, packing public hearings, writing letters and voting as if our public lands are on the line. Truly, they are. The BLM needs a director who sees these landscapes the way Montanans do: as sacred ground, not a balance sheet.
Anything less is a betrayal of the wild inheritance we’re supposed to pass on.
Benjamin Alva Polley is a place-based storyteller. His words have been published in Rolling Stone, Esquire, Field & Stream, The Guardian, Men’s Journal, Outside, Popular Science, Sierra, and WWF, among other notable outlets, and are available on his website.
Montana
Californians caught using ‘Montana Loophole’ to dodge supercar sales tax — and Beverly Hills is the worst
California has launched a huge crackdown on criminals buying and registering supercars outside of the state to avoid eye-popping sales tax.
Fourteen people have been charged after $20 million worth of vehicles were sourced to the Big Sky State in what authorities are calling the “Montana Loophole.”
The cars include a $1.8 million McLaren Elva, a Porsche 918 Spyder and a $1.26 million Ferrari F12TDF, the attorney general’s office said.
In the Golden State base rate sales tax is 7.25%. For a Lamborghini or Ferrari that can reach up to $250,000 or higher, that can mean a tax bill over $18,000. In Montana it is zero.
The gang, from Alameda, Marin, Santa Clara and Sacramento, allegedly dodged more than $1.8 million in taxes since 2018.
They are accused of filing false records showing the supercars were bought in Montana but then drove and kept them in California.
The DMV has launched nearly 100 criminal investigations into similar schemes across California since 2023 and recovered $2.3 million. It says the schemes are costing over $10 million per year.
It says there are 601 fraudulently registered cars involved and the DMV and California Department of Tax and Fee Administration have reviewing all car sales made in Montana.
California AG Rob Bonta said: “When bad actors abuse legal loopholes and submit fraudulent documents to evade their obligations, the California Department of Justice will not stand idly by.
“Every dollar of unpaid taxes is a dollar taken from California’s roads, schools and the vital services our communities rely on.”
The AG’s office said Beverly Hills was the city with the most suspicious car sales, with 416 cases on its radar from the luxury enclave.
It also released a series of text messages from defendants in Marin County and Walnut Creek, which said: “Don’t want the state of California to know anything about this car.”
Another asked: “Before you deliver it to him can you please remove the dealer plate.” One more asked if those with Montana plates had issues, the reply was: “Not yet.”
Another defendant added: “70k saved — I can’t believe the registration lasts for five years — that’s crazy. Stupid California. Paid 3k to own a 600k car for 5 years — lol in Cali that’s like 75k for 5 years. Hella dumb.”
California DMV Director Steve Gordon said: “We encourage all Californians to do the right thing and register their vehicle here if they are operating it in California.”
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