Discrimination

Interior Department announces $35M plus in energy revenue

Highest-ever disbursements from clean energy from federal lands, waters

News from the Department of the Interior

WASHINGTON — Today, the Department of the Interior’s Office of Natural Resources Revenue (ONRR) disbursed $21.53 billion in revenues generated in fiscal year 2022 from energy production on federal and Tribal onshore lands, and federal offshore areas, including the record $4.37 billion generated from the New York Bight offshore wind lease sale. This year’s disbursements include the highest-ever revenues from renewable energy programs on federal lands and waters, driven by President Biden’s efforts to jump-start the American offshore wind industry and make the U.S. a magnet for clean energy investments.

This year’s overall disbursement is the second largest since 1983 and provides funds for states and Tribes to pursue a variety of conservation goals, including irrigation and hydropower projects, historic preservation initiatives, efforts to protect public lands and waters, and investments in much-needed maintenance for critical facilities and infrastructure on our public lands.

This year, $1.59 billion was distributed to Tribes and individual Indian mineral owners; $3.32 billion to the Reclamation Fund; $1.02 billion to the Land and Water Conservation Fund; $150 million to the Historic Preservation Fund; $460 million to federal agencies; and $10.64 billion to the U.S. Treasury.

ONRR also disbursed $4.36 billion in fiscal year 2022 funds to 33 states. This revenue was collected from oil, gas, renewable energy and mineral production on federal lands within the states’ borders and from offshore oil and gas tracts in federal waters adjacent to four Gulf states’ shores. Montana received one of the highest disbursements based on that activity:

Montana - $35.07 million

The revenues disbursed to 33 federally recognized Tribes and approximately 31,000 individual Indian mineral owners represent 100% of the revenues received for energy and mineral production activities on Tribal lands. Tribes use these revenues to develop infrastructure, provide health care and education, and support other critical community development programs, such as senior centers, public safety projects and youth initiatives.

Energy and mineral revenues collected, accounted for, analyzed, audited and disbursed by ONRR are generated from energy and mineral leases and other monies owed for the use of public resources on the U.S. Outer Continental Shelf and onshore federal and Tribal lands.

Since 1982, the Department has disbursed more than $353.1 billion in mineral leasing revenues. ONRR makes most of these disbursements monthly from the royalties, rents and bonuses it collects from energy and mineral companies operating on federal lands and waters.

A complete list of states receiving revenues and FY 2022 disbursement data is available on the Natural Resources Revenue Data portal.

Barley purchase agreement announced

News from the office of Governor Gianforte

HELENA — Governor Greg Gianforte and Montana Department of Agriculture Director Christy Clark announced on Nov. 1 a letter of intent for Heineken International Cerveceria Cuauhtémoc Moctezuma (Heineken International) to increase its purchase volume of Montana barley products.

“We’re thrilled Heineken recognizes the superior quality of Montana barley and wants to do more business with our farmers,” Governor Gianforte said. “This agreement ushers in tremendous opportunities for our ag industry.”

Governor Gianforte signed the letter of intent with representatives from Heineken International at Bos Hay and Grain in the Gallatin Gateway. Members of the Montana Wheat & Barley Committee and the U.S. Grains Council joined the governor, director, and Heineken representatives at the signing.

Over the past five years, Heineken has sent three trade missions to Montana. During this trade mission, Heineken representatives visited Montana State University Plant Science and Malt Quality Labs and received a tour of the Ag Depot. Additionally, they met with representatives from the Montana State Grain Lab, Columbia Grain, and United Grain.

“The Montana Department of Agriculture is proud of the exceptional quality of barley that we grow here in our state,” Agriculture Director Christy Clark said. “We appreciate this group of buyers and representatives coming to Montana to source their high-quality barley needs.”

Challenge filed to state-sanctioned sex, marital status discrimination in insurance ratemaking

News from Upper Seven Law Firm

HELENA — Several individuals and organizations filed suit Wednesday to invalidate House Bill 379, a law that allows insurance companies to discriminate on the basis of sex and marital status when setting insurance premium rates for Montanans.

For nearly 40 years, Montana has barred insurance companies from using sex and marital status to set insurance rates. Now, individuals across Montana, including the plaintiffs, will face discriminatory insurance practices. Worse, they will be barred from any remedy for that discrimination. While Montanans who face sex- and marital status-based discrimination generally may file a complaint under the Montana Human Rights Act, HB 379 closes the door on claims of discrimination in insurance ratemaking.

Legislators claimed that HB 379 would be good for women in particular but failed to examine the data closely. In fact, when sex is considered, women are often subject to higher rates. Perhaps even more concerning, insurance rates are arbitrarily discriminatory when based solely on sex and marital status, leading to inconsistent and contradictory rate determinations. As a result, both men and women face unpredictable discrimination in different insurance markets.

“I expect to pay insurance premiums that take into account my driving record or my claims history. But being a woman or unmarried just isn’t relevant to any assessment of risk,” said Kiah Abbey. “Institutional sexism already costs women through smaller paychecks—for the state to actively condone sexism adds insult to injury.”

“As a small business owner and building contractor working in the town where I was born, I believe in treating each and every client honestly and fairly,” said Will Randall. “I’ve been paying premiums for car, home, and business insurance for decades. For insurance companies to be able to raise my rates now, only because of my sex or marital status, makes no sense at all.”

The Montana Constitution expressly prohibits discrimination on the basis of sex and broadly protects against treating people differently based on irrational classifications. It also prohibits granting special favors through legislation—like giving insurance providers a free pass to discriminate, while banning it in other contexts.

“I was proud when Montana first took a stand against insurance discrimination,” said Diane Sands. “Montana led the nation then and has ensured equality in insurance for nearly 40 years. Moving backward now is not only unwise, but also violates the Montana Constitution.”

Niki Zupanic and Rylee Sommers-Flanagan of Upper Seven Law and Kimberly Dudik of Kimberly Dudik & Associates represent the plaintiffs.

Governor announces public lands agenda focused on improved access, better management

News from the office of Governor Gianforte

HELENA — Earlier this week at the Rocky Mountain Elk Foundation (RMEF) headquarters in Missoula, Governor Greg Gianforte announced the pillars of his public lands agenda to improve access to and better manage Montana’s public lands. Montana Department of Natural Resources and Conservation Director Amanda Kaster and Montana Department of Fish, Wildlife & Parks (FWP) Director Hank Worsech joined the governor at RMEF.

The governor pointed back to his inaugural address in January 2021, when he laid out four core principles to guide the work of his administration. Among the four is protecting Montana’s way of life, including its public lands.

“How do we do that? Well, we’ve got to be good stewards of the lands we have,” the governor said. “Montanans don’t want to climb over and around dying, dead, and downed timber when they’re hiking or hunting. Unfortunately, on too many acres of land, folks have to do that.”

The governor described his administration’s ongoing focus on active forest management. Last year, the state more than doubled the number of forested acres in treatment.

“We can’t do it alone though. We need our partners at the table,” the governor urged. “In the year ahead, we’ll continue to work with our partners to bring more state, federal, tribal, and private forested acres under active management.”

Beyond forested lands, the governor also provided an update on the modernization of the state’s 27-year-old drought management plan. The overhaul, which will help Montana better meet drought challenges, will be completed next spring.

“As we better manage our public lands for the 21st century, we’re also increasing Montanans’ access to them,” the governor stated.

“The benefits of public access can’t be overstated,” he continued. “Increasing public access helps drive sustainable, longterm economic growth, especially in our rural communities.”

The governor touted several successes in office to increase public access, including on the lower Yellowstone River.

Working with the legislature last year, Gov. Gianforte secured $4 million in funding to invest in increasing access to the Lower Yellowstone River Corridor (LYRC). The LYRC Advisory Committee, a citizen group which the governor sponsored and the FWP convened, provided recommendations on how to best use the funds to increase access.

Work to identify access deserts on the Lower Yellowstone inspired a new, statewide effort the governor announced today.

“If we can identify access deserts on the lower Yellowstone, why can’t we do it on every navigable river in the state? There’s no reason why we can’t, so we are,” the governor said.

Under the leadership of FWP Director Worsech, the agency is mapping access deserts on every navigable river in Montana. The findings will inform the state’s strategies to increase access to waterways.

The governor also celebrated a recent public lands victory, with the state’s purchase of a 5,677-acre ranch in Golden Valley County from Shodair Children’s Hospital. The acquisition will create the Big Snowy Mountains Wildlife Management Area, and will provide Montanans’ access to over 100,000 total acres of state and federal lands which were largely inaccessible to the public.

“Not only does this land offer exceptional hunting opportunities, with excellent habitat and access to the Big Snowies elk heard, it will also remain available for cattle grazing,” the governor noted, emphasizing the importance of keeping ranchers on the landscape.

Kyle Weaver, president and chief executive officer of the Rocky Mountain Elk Foundation, praised the purchase, saying, “When we talk about access, as the governor said, we’re not just talking about any access, we’re talking about safe, truly accessible access, and that’s the key to this project. This is a huge win for all of us here.”

Tester secures nearly $292,000 to increase competition

News from the office of Senator Tester

BIG SANDY — U.S. Senator Jon Tester today announced that he secured $291,900 from the Meat and Poultry Processing Expansion Program (MPPEP) for the Montana Premium Processing Cooperative (MPPC) in Havre. This program was funded through Tester’s American Rescue Plan Act and the funding will go toward expanding the Cooperative’s meat and poultry processing capacity.

Tester helped negotiate the American Rescue Plan Act (ARPA) and he was the only Montana statewide official that supported the legislation.

“As someone who still runs a family farm to this day, I know folks in agriculture play an important role in our state’s economy and way of life,” Tester said. “Expanding in-state meat processing capacity will not only give Montana producers a competitive edge, but also drive down costs for consumers at the meat counter. Investments like these are a win-win, and I’ll keep standing up for Montana by supporting local ventures like the Montana Premium Processing Cooperative.”

The MPPC will use the MPPEP funds to provide independent producers in Montana with an option for a local USDA inspected meat processing facility in an area that is currently without Federally inspected processing.

“Montana producers understand the importance of state and local processing plants when it comes to cutting costs and increasing efficiency,” said Walt Schweitzer, President, Montana Farmers Union. “Thanks to this grant, the Farmers Union will be able to expand our meat processing project in Havre and that means giving Montana producers more power in the marketplace and making sure capitalism is working properly. We’re grateful for this funding and commend Senator Tester for his continued efforts to support small ranchers and packers here in the Treasure State.”

“It’s no secret that some of the best beef in the industry is produced right here in Big Sky Country,” said Ben Peterson, Rancher, Board Member for Montana Premium Processing (Judith Gap). “Meat processing is a critical piece of the puzzle when it comes to getting our top-notch beef from the ranch to the meat counter, and this funding to expand processing capability in Havre will increase efficiency, cut costs, and help producers like me stay competitive and in the black. Grant programs like these are invaluable, and we thank Senator Tester for his continued to work to support Montana’s agriculture sector.”

Tester’s American Rescue Plan Act dedicated $1 billion for the expansion and diversification of independent processing capacity. In order to meet this objective, USDA created a number of Meat and Poultry Supply Chain programs and initiatives. The Meat and Poultry Processing Expansion Program was one of several programs developed to support participants of these initiatives by providing technical assistance to expand processing at the state and local levels.

MT Contractors Association program receives national recognition Flathead Transit

Missoula • Pablo • Kalispell • Whitefish

DEPARTMENT OF TRANSPORTATION

News from the Montana Contractors Association

HELENA — The Montana Contractors Association (MCA) is thrilled to announce that the Build Montana education program is the recipient of the 2022 Associated General Contractors of America (AGC) National Chapter Workforce Development Award.

“Build Montana is helping young Montanans receive valuable hands-on training and preparing them for construction careers,” David Smith, MCA Executive Director, said. “We are excited about this national recognition and the potential for reaching more students.”

AGC recognizes a chapter for innovative and outstanding workforce development accomplishments each year. Build Montana was selected for the award from the 89 affiliate chapters. MCA will also present the Build Montana program to AGC Chapter Workforce Summit attendees in Phoenix in November.

Build Montana is a partnership between the MCA, the Montana Equipment Dealers’ Association, and the MCA Education Foundation, designed to generate excitement and promote careers in construction. The program helps students identify the education and training needed for various construction career paths and provides access to training, funding, and job placement resources.

This past year, high school students in Billings and Kalispell participated in Build Montana, completing three months of online and site-based experiential learning. Students learned about machine and job site safety as well as machine components and function, machine operation, and construction engineering and technology.

RDO Equipment Co., Knife River, COP Construction, Tractor & Equipment Co., and TriState Trucking and Equipment partnered with the program in Billings and Knife River, Schellinger Construction, and RDO Equipment Co. participated in Kalispell. Through these experiences, students toured job sites and got direct experiences with autonomous machine control, drone aerial mapping and surveying, and time inside heavy equipment cabs. The program will start in the Missoula Public Schools in January 2023.

“Build Montana has benefits beyond the students’ success,” Smith said. “As participants complete the program, construction companies have greater opportunity to hire skilled employees who are well prepared for the demands of the industry.”

Construction equipment operators earn an average of $26 hour (2021 reported). Most commercial contractors offer robust health and retirement benefits.

As the program continues to receive national recognition, MCA hopes to expand the program to other Montana schools allowing more students to explore careers in construction.

For more information about the Build Montana program, please visit: build-montana.org.

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