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Marvel, Simplot reach grazing deal
Pact reduces impact on sage grouse habitat
The Idaho Statesman | Edition Date: 09-04-2005
The West's strongest opponent to ranching on public lands has cut a deal with the nation's largest public lands rancher that reduces the impact of cattle grazing on sage grouse habitat.
Jon Marvel and his organization, the Western Watersheds Project, reached a settlement agreement with J.R. Simplot Co. late last month aimed at settling a lawsuit by the anti-grazing group against the Bureau of Land Management.
U.S. District Judge B. Lynn Winmill ruled in July that 800,000 acres of public land southwest of Twin Falls should be closed to grazing by Aug 19. He extended the date to Sept. 15 when he will hold another hearing.
Marvel said he made the agreement with Simplot, which would cut cattle numbers on the land by 6 percent, because he believed Republican Idaho Sen. Larry Craig was preparing to attach a rider to legislation that would have overridden Winmill's decision.
Craig has not ruled out legislation, said Dan Whiting, his press secretary.
"At this point, there is no plan to do so," Whiting said.
Marvel has rarely compromised in the dozens of court decisions he's won against the BLM across the West based on laws such as the Endangered Species Act, the Clean Water Act and the National Environmental Policy Act. He said his deal with Simplot, which has been one of his main targets, is tactical not strategic — in other words, he still opposes grazing on public lands.
It doesn't resolve the lawsuit and Marvel has vowed to hold the remaining ranchers to a higher standard in ongoing negotiations.
"They don't have the same clout (as Simplot,)'' Marvel said. "It's that simple."
Three Creek rancher Bert Brackett said Marvel's deal with Simplot demonstrates he's out to hurt regular ranchers.
"It's totally inconsistent with their prior statements that they weren't going to get the little guys, they were after Simplot," Brackett said. "Where's the credibility?"
The BLM hadn't adequately determined the impact of grazing on sage grouse habitat in 28 livestock grazing allotments used by 11 ranchers, including Simplot, Winmill wrote. He had given the ranchers until Sept. 15 to comply with his order to get the cattle off the BLM land.
The order didn't have an immediate impact on Brackett, who is not currently in negotiations with Marvel. But Simplot and several other ranchers could be forced to find somewhere else to graze their cattle or be forced to sell them.
Simplot agreed to keep their cattle from eating 30 percent of the grass available in the best remaining sage grouse habitat located in the southern part of the Jarbidge Resource Area. On the northern side, where crested wheatgrass planted by the BLM following repeated fires has replaced the native plants, Simplot cattle will be allowed to continue as before.
That amounts to a 6 percent reduction in use, said Fred Zerza, a Simplot spokesman.
In addition, Simplot agreed to support a three-year environmental review and additional monitoring by the BLM. Simplot also agreed to stick by the agreement even if legislation was passed that reduced its legal responsibilities.
"We think an environmental impact statement will confirm that our present and past grazing practices are proper and correct," Zerza said.
Simplot grazes cattle on 2.3 million acres of state and federal public land. It annually ships from 20,000 to 25,000 head of cattle raised on those lands to market.
Marvel's group also has settled with one small rancher, Joe Leguineche, who grazes only 43 head of cattle in the area. Marvel's attorney, Todd Tucci, said he is in negotiations with five other ranchers.
"We want to take off the table the idea we are trying to close up the mom and pop operations," Tucci said.
But Marvel said he expects Simplot will eventually get out of the public lands ranching business because it doesn't return enough on the investment. The other ranchers, tied to the land by culture and tradition, will take more prodding.
"The fact is, grazing on public lands is ending itself," Marvel said. "Its not economically viable without massive governmental subsidy."
At least one of the ranching families, Frank and Cindy Bachman, have been participating in talks with other environmentalists to find a way to keep grazing while improving the land and protecting hundreds of thousands of acres of wilderness in Owyhee County. Marvel was specifically excluded from the talks by county officials.
Marvel has criticized environmentalists such as John McCarthy of the Idaho Conservation League for cutting a deal with ranchers.
"It's very gratifying to see Jon recognize the value of compromise and working directly with people to achieve incremental improvements on the public lands," McCarthy said. "It's strange they chose the largest public lands rancher in the nation to start with."
Marvel makes no apologies for reaching an agreement with the company started by Idaho's most famous billionaire, J.R. Simplot.
"When you get into bed with a 96-year-old, you don't have to worry about losing sleep," Marvel said.
Pact reduces impact on sage grouse habitat
The Idaho Statesman | Edition Date: 09-04-2005
The West's strongest opponent to ranching on public lands has cut a deal with the nation's largest public lands rancher that reduces the impact of cattle grazing on sage grouse habitat.
Jon Marvel and his organization, the Western Watersheds Project, reached a settlement agreement with J.R. Simplot Co. late last month aimed at settling a lawsuit by the anti-grazing group against the Bureau of Land Management.
U.S. District Judge B. Lynn Winmill ruled in July that 800,000 acres of public land southwest of Twin Falls should be closed to grazing by Aug 19. He extended the date to Sept. 15 when he will hold another hearing.
Marvel said he made the agreement with Simplot, which would cut cattle numbers on the land by 6 percent, because he believed Republican Idaho Sen. Larry Craig was preparing to attach a rider to legislation that would have overridden Winmill's decision.
Craig has not ruled out legislation, said Dan Whiting, his press secretary.
"At this point, there is no plan to do so," Whiting said.
Marvel has rarely compromised in the dozens of court decisions he's won against the BLM across the West based on laws such as the Endangered Species Act, the Clean Water Act and the National Environmental Policy Act. He said his deal with Simplot, which has been one of his main targets, is tactical not strategic — in other words, he still opposes grazing on public lands.
It doesn't resolve the lawsuit and Marvel has vowed to hold the remaining ranchers to a higher standard in ongoing negotiations.
"They don't have the same clout (as Simplot,)'' Marvel said. "It's that simple."
Three Creek rancher Bert Brackett said Marvel's deal with Simplot demonstrates he's out to hurt regular ranchers.
"It's totally inconsistent with their prior statements that they weren't going to get the little guys, they were after Simplot," Brackett said. "Where's the credibility?"
The BLM hadn't adequately determined the impact of grazing on sage grouse habitat in 28 livestock grazing allotments used by 11 ranchers, including Simplot, Winmill wrote. He had given the ranchers until Sept. 15 to comply with his order to get the cattle off the BLM land.
The order didn't have an immediate impact on Brackett, who is not currently in negotiations with Marvel. But Simplot and several other ranchers could be forced to find somewhere else to graze their cattle or be forced to sell them.
Simplot agreed to keep their cattle from eating 30 percent of the grass available in the best remaining sage grouse habitat located in the southern part of the Jarbidge Resource Area. On the northern side, where crested wheatgrass planted by the BLM following repeated fires has replaced the native plants, Simplot cattle will be allowed to continue as before.
That amounts to a 6 percent reduction in use, said Fred Zerza, a Simplot spokesman.
In addition, Simplot agreed to support a three-year environmental review and additional monitoring by the BLM. Simplot also agreed to stick by the agreement even if legislation was passed that reduced its legal responsibilities.
"We think an environmental impact statement will confirm that our present and past grazing practices are proper and correct," Zerza said.
Simplot grazes cattle on 2.3 million acres of state and federal public land. It annually ships from 20,000 to 25,000 head of cattle raised on those lands to market.
Marvel's group also has settled with one small rancher, Joe Leguineche, who grazes only 43 head of cattle in the area. Marvel's attorney, Todd Tucci, said he is in negotiations with five other ranchers.
"We want to take off the table the idea we are trying to close up the mom and pop operations," Tucci said.
But Marvel said he expects Simplot will eventually get out of the public lands ranching business because it doesn't return enough on the investment. The other ranchers, tied to the land by culture and tradition, will take more prodding.
"The fact is, grazing on public lands is ending itself," Marvel said. "Its not economically viable without massive governmental subsidy."
At least one of the ranching families, Frank and Cindy Bachman, have been participating in talks with other environmentalists to find a way to keep grazing while improving the land and protecting hundreds of thousands of acres of wilderness in Owyhee County. Marvel was specifically excluded from the talks by county officials.
Marvel has criticized environmentalists such as John McCarthy of the Idaho Conservation League for cutting a deal with ranchers.
"It's very gratifying to see Jon recognize the value of compromise and working directly with people to achieve incremental improvements on the public lands," McCarthy said. "It's strange they chose the largest public lands rancher in the nation to start with."
Marvel makes no apologies for reaching an agreement with the company started by Idaho's most famous billionaire, J.R. Simplot.
"When you get into bed with a 96-year-old, you don't have to worry about losing sleep," Marvel said.
