Ranchers Weigh Shorter Leases Against Permanent Easements

Two years into a five-year effort to protect half a million acres of prairieland, the Montana Fish, Wildlife and Parks Commission is nearly halfway to its goal.

With the completion of 13 leases and 33 more proposals currently under consideration for its Habitat Conservation Lease Program, FWP is placing nearly 200,000 acres under conservation lease, a method of protecting land the agency hopes will provide landowners with incentives to safeguard what it calls “priority wildlife habitat.” Most of the properties enrolled are scattered around eastern Montana.

An FWP memo to commissioners suggests the program bolsters habitat and wildlife numbers which "may also help with avoiding potential federal listings of imperiled native species."

Habitat conservation leases are voluntary, incentive-based standard agreements between FWP and private landowners that conserve high-priority prairie habitats, specifically sage-grouse core habitat areas, prairie pothole wetlands, and other priority plains habitat. The agency pays landowners a one-time per-acre fee for the lease while the lessee commits to specific land management practices, including allowing, to a predetermined extent, public access to hunting and fishing alongside other wildlife-related activities.

The difference between habitat conservation leases and conservation easements is in the timeframe. Conservation leases last for 30-40 years versus easements, which are in perpetuity. The shorter timeframe is proving more palatable to some ranchers who are interested in testing the waters but aren't ready to commit permanently.

For decades, permanent conservation easements have been one of Montana's most effective tools for conserving wildlife habitat on public land and providing public access to recreation.

In a press release, FWP Director Christy Clark said conservation leases provide an option for landowners who are reluctant to commit to a permanent easement, adding that it is often easier to get support from landowners for this type of program, which results in more habitat conservation and public access.

"Our focus is on giving landowners more tools to conserve habitat," Clark said. "With so much important wildlife habitat in Montana located on private land, conservation takes a joint effort between FWP and private landowners. Conservation leases are a great tool we can focus on to meet this common goal." 

Ken McDonald, wildlife division administrator for FWP, told Mountain Journal that depending on your viewpoint, the shorter timeframe of a conservation lease can be positive or negative.

"Leases are an additional tool that might make the difference between a landowner keeping a working ranch or having to sell it," McDonald said. "By putting in a lease, they buy themselves time, they conserve that ground, and they can continue their livestock operations. And it gives us another tool to try to help conserve grassland habitat."

He said the downside to leases versus easements is that when the lease ends, those lands can be sold and subdivided, though he hopes some landowners will opt into renewing or switching to an easement down the road.

A provision in the Habitat Conservation Lease Program, McDonald said, denotes that if a lessee moves to a perpetual easement before the end of their lease, they won't be penalized. The unfulfilled portion of the contract would be credited toward the new easement.

Earlier this month, Sen. Tony Tezak (R)-Ennis introduced Senate Bill 209, which would have restricted the terms of perpetual easements in Montana to 40 years. During opening remarks on February 4, Tezak withdrew the bill allowing dozens of people, including ranchers, hunting and fishing advocates, and business leaders in attendance, to testify and share their perspectives.

Frank Szollosi, executive director of the Montana Wildlife Federation, said that although MWF promotes permanent easements over temporary leases, any protection may be better than no protection at all. The lease program allows Montana to keep critical wildlife habitat from being developed in the short term, while allowing public access for hunting, fishing, and wildlife watching.

The Habitat Conservation Lease Program draws funding from three sources: Habitat Montana funds, federal wildlife conservation dollars through the Pittman-Robertson Wildlife Restoration Act, and a portion of Montana’s marijuana tax revenue allocated for habitat conservation.

McDonald is clear that leases are not intended to supplant easements, and that funding for leases has not been diverted from funding for easements. "That was probably the most common comment we received when we started this process," McDonald said. "People didn't want the leases replacing easements."

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