Sitka Gear Turkey Tool Belt

MT HB 151 could cost us over $20 Million

katqanna

Well-known member
Joined
Jan 20, 2013
Messages
1,695
Location
Bozeman, MT
Harold called me the other evening to see if I knew anything about this bill. I read through the bill, looked at the fiscal note, the exhibits from the 2015 attempt and waited until this morning to call FWP and see if I was understanding this bill properly, unfortunately I was, this bill could jeopardize in excess of $20 million USFWS dollars to FWP.

This is a Marbut bill.

Additionally, failure to expend all the shooting grant funds would charge a "public official" with misconduct, punishable by a fine not to exceed $500, 6 months in jail, or both! I forgot to mention that bit in my public comment, please don't forget it in yours.

Below is my email with details to the House Representatives.
__________________

Dear House of Representatives,

I am writing to express my absolute opposition to HB 151, because it would jeopardize excess of $20 million federal USFWS Pittman-Robertson dollars to our Fish, Wildlife & Parks department.

Currently, if any of the appropriated shooting range grant money is left over, it goes back to the FWP fund. These leftover dollars are not unique to the shooting range grant program. For the last few years there has been a left over balance in the shooting range grant program that has been returned to the FWP fund.

HB 151 would change that. Gary Marbut, of the Montana Shooting Sports Association, has been trying to get this changed (in 2015 through HB 234), accusing FWP of "stealing the money the Legislature appropriates to make matching grants for improvement of shooting ranges in Montana." FWP is not stealing our license dollars from the grant program. If there are not enough requests, or the grant requestors do not have all their paperwork filled out, or they overestimate their costs and money is left over, it rightfully needs to go back to the fund, which FWP controls.

If, HB 151 passes, it removes FWP general control over the fund, thus jeopardizing the conditional agreement with USFWS, for a potential loss of $20 million federal dollars.

MT FWP created a competitive Shooting Range Grants Program in 1989. In the 25 year period, per a 2015 statement to the Legislature from then Director Hagener, in response to HB 234, 200 projects had been administered at 82 public shooting range facilities in Montana. He also stated, "Federal regulations state that state fish and wildlife agencies may become ineligible to receive federal funding from the USFWS if they lose control of their ability to direct the use and expenditure of hunting and fishing license revenue. Once license funds are expended under this 'loss of control' conditions, the state is considered in 'diversion' with regard to its use of license funds. The penalty for diversion is severe; all Federal Aid in Sport Fish and Wildlife Restoration funding will be withheld from the state until such time as the diversion has been corrected. Montana was eligible for $27 million in FY 2014. I have attached letters from the U.S. Fish and Wildlife Service Regional Denver office and the Washington DC Headquarters Office regarding this proposed legislation which confirms they view this legislation as a diversion with regard to the state's use of license funds."

Here is the link for the USFWS letter, which states they consulted with the Department of the Interior Office of the Solicitor. Their analysis supports the conclusion that FWP would suffer a loss of hunting and fishing license revenue control, thereby, Montana would be ineligible to receive grants under the Wildlife Restoration Program and the Sport Fish Restoration Program, which in fiscal year 2014 totaled more than $27 million.

Marbut stated on the MTSSA website, "in order to protect its turf and prerogative to pirate the money, FWP sought and obtained a letter from the US Fish and Wildlife Service saying that if the Legislature locked up the shooting range money where FWP couldn't steal it - couldn't spend it for any other purpose than shooting ranges -, that would be considered a 'diversion'... I am convinced this is a bluff by the USFWS,..." Marbut wants to call the "federal bureaucrats" bluff, putting Montana in jeopardy.

While I understand Marbut's passion for shooting sports, his position borders on entitlement for something that is a grant program. 87-1-201, describes the purpose of FWP, "Except as provided in subsection (11), the department shall supervise all the wildlife, fish, game, game and nongame birds, waterfowl, and the game and fur-bearing animals of the state and may implement voluntary programs that encourage hunting access on private lands and that promote harmonious relations between landowners and the hunting public. The department possesses all powers necessary to fulfill the duties prescribed by law and to bring actions in the proper courts of this state for the enforcement of the fish and game laws and the rules adopted by the department."

FWP MAY implement programs..., but FWP's main purpose is not to subsidize a special interest agenda, which includes "private shooting clubs, private organizations". Shooting ranges can benefit the public, but at what cost?
Director Hagener's letter closed, saying, "At a time when agencies are being asked to reduce budgets, when FWP is facing a serious funding issue and has already made budget cuts in order to continue our current operations, we cannot support an additional $700k biennial addition to agency expenditures and lose eligibility for $27 million in critical Federal Funds."

Please do not jeopardize our state grant status with the USFWS, potentially costing MT FWP in excess of $20 million dollars.

I ask that you oppose HB 151.

Thank you,
Kathryn QannaYahu
 
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