Public ignored in pursuit of Sheep Creek Mine

On December 1st, 650+ Ravalli County residents packed a County Commission meeting with one agenda topic: a rare earth element mine in Sheep Creek, a Bitterroot River headwater. Specifically, the public and Commissioners wanted more information from U.S. Critical Materials (USCM) about its plans and the proposed fast-track permitting process. Less than 2 weeks later, with few questions answered, USCM submitted a draft Plan of Operations (the Plan) for mine exploration to the US Forest Service.

Montana Trout Unlimited (MTU) has long advocated for the Bitterroot’s prized fishery, and for responsible mining. In this unfolding situation, three things are clear: 1) There is deep concern about the many risks of mining in the headwaters of the Bitterroot, 2) USCM continues to ignore requests for communication, transparency and information needed to understand those risks, and 3) demands for rare earth elements can be met through existing mines and mine waste without the risks that new mines pose.

At the meeting, USCM representative Scott Osterman stated, “We’d like to have the advice of people…who share the same commitments to our environment that are sitting in this room today. And we view that feedback and that participation as extremely important.” Unfortunately, this is completely inconsistent with company actions. Osterman also stressed the company was not moving quickly, despite the Plan’s placement on the federal FAST-41 list, which enables a faster-than-normal permitting process.

Community feedback was clear: withdraw from the FAST-41 track, hit reset and truly engage with local people, businesses and elected officials. Montana’s Congressional delegates agreed. Within 24 hours, our congressmen issued statements urging USCM to, indeed, slow down and engage the community. However, less than 2 weeks later, USCM submitted their Plan with no additional public outreach and no acknowledgement of the Commission’s and federal delegation’s requests.

Actions undermine claims made by USCM that “future mining” would not harm the Bitterroot. Water quality and water quantity are top of mind for most Montanans. Osterman stated, “Our plan is not to draw any water from Sheep Creek, nor to discharge any water.” Yet the Plan states that if groundwater that floods the underground workings is not sufficient, “additional process water” will come from “Sheep Creek, or the West Fork of the Bitterroot River.” The Plan provides no indication of how much groundwater the company might encounter, how much processing water it might use, nor any indication of how USCM expects to divert this water without Montana water rights.

That’s the tip of the iceberg when it comes to the lack of detail provided about the mine exploration process and associated risks. USMC claims that there is no risk of water pollution in public, but the company’s own lab results from previous exploration indicate that acid mine drainage and radioactivity are actual risks. Again, no further information is provided to relieve these concerns.

MTU’s 60+ year history began with local efforts to protect invaluable water resources. The Bitterroot Chapter of Trout Unlimited helped establish our organization and both have invested in policy, advocacy, on-the-ground restoration and education to support the Bitterroot and its fishery. We are committed to ensuring that a mine, especially a poorly planned one, does not imperil the Bitterroot.

There are better ways to strengthen domestic critical mineral supply without risky mines like Sheep Creek. We are investigating options to meet demands for critical minerals that instead rely on existing mines or mining waste. In short, we will invest in smart, safe ways to strengthen the domestic mineral supply. So far, USMC’s plans fall far short. Sheep Creek, the Bitterroot River and everyone in the watershed deserve better.

Add your name below if you want to stay informed, help us demand a transparent process from USCM and protect the precious water resources of the Bitterroot River for future generations.


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ACTION ALERT: Clean Water Act Under Attack

On November 17, 2025, the U.S. EPA and U.S. Army Corps of Engineers (“the Agencies”) jointly announced a proposed rule to dramatically restrict which bodies of water are protected by the safeguards of the Clean Water Act. The new proposal would substantially weaken the Clean Water Act, one of the Nation’s most effective natural resource laws. Many of Montana’s wetlands and hundreds of miles of streams stand to lose protection with this rollback.

The agencies’ proposal would strip federal Clean Water Act protections from millions of stream miles in the country – streams that contribute to the drinking water supplies of more than 117 million Americans and provide essential fish and wildlife habitat that support a robust outdoor recreation economy worth over $1 trillion. The proposed rule would also reduce or eliminate protection for millions of acres of wetlands, a critical part of functioning watersheds, including groundwater recharge, pollution filtration, as well as protecting communities from flooding. 

In eliminating these protections, the proposed rule would deregulate a host of development activities, such as pipeline construction that will, over time, degrade hunting and fishing opportunities in every state in the country.

Stand up for Clean Water.
The Clean Water Act is vital to MTU and TU’s work and to anglers across the nation. Whether TU is working with ranchers to restore small headwater streams, remediating pollution caused by abandoned mines, or protecting places like the upper Bitterroot where new extraction is being proposed, we rely on the Clean Water Act to safeguard our water quality improvements.   

TU members, and sportsmen and women nationwide, want to move forward with progress on cleaning up our nation’s waters, not go backwards.  Please join us in writing to tell the Agencies that the Clean Water Act needs to be strengthened, not weakened.

Forest Service Must Hold Public Meetings About Roadless Rule

Sign the petition letter below and help protect Montana’s wild trout and healthy watersheds.


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HB642: Bad for Trout, Bad for Irrigators

We need your help to protect Montana’s wild trout and coldwater fisheries from an egregious water bill that could dewater trout streams. Contact your state Representative and ask them to vote NO on House Bill 642 immediately! 

HB642 is an end-run around Montana water law and one of the most dangerous bill for Montana’s trout streams this session. Of the more than 2000 bills that have been floated at the Montana Legislature this session, this is the worst water related bill if you’re a trout, care about trout, or care about traditional water uses in Montana. Here are just a few of the issues with this bill:  

  • HB 642 allows developers to receive unpermitted water with no recourse for agricultural irrigators, state agencies, municipalities, and others with senior water rights, including for instream flows. HB642 permits developers or industrial water users to “stack” exempt wells (water wells that don’t require a water right) Wells could be clustered into one area, including in known stream depletion zones or areas adjacent to trout streams where the groundwater is directly connected to the stream flow. This could amount to hundreds of gallons per minute of water being sucked from groundwater tied directly to MT streams and rivers.  
  • State water managers would have no ability to deny these exempt wells, even if they know it would harm other water users and trout streams.  
  • There would be no ability for senior water users to make a call on these wells because they are exempt from our water law system. 
  • The bill would be impossible to administer and enforce by the Department of Natural Resources and Conservation. Enforcement of water law is already lacking, and this bill creates an impossible system of exemptions for the agency to keep track of across the state. 

For a deeper dive into the legal aspects of this bill, check out our FAQ sheet here.  

These are just a few of the problems with this bad bill. The bill received broad opposition in its hearing on February 22nd – from agriculture to municipalities to power companies and conservation organizations. The bottom line is HB642 is bad for wild trout and traditional existing senior water users in Montana and could result in less cold water in our streams and rivers at a time when the demand for Montana’s water resources are increasing exponentially and persistent drought is rapidly decreasing the water supply in our state.  

You can help!  

HB 642 WILL BE VOTED ON THE WEEK OF MARCH 27, 2023 IN THE HOUSE NATURAL RESOURCES COMMITTEE! If you care about Montana’s wild trout streams and want to pass them on to the next generation, let your representative know that you strongly oppose HB642 today! 

To find your Representative’s contact information, click the TAKE ACTION button or HERE. Locate and then click on your place of residence on the map by using the ‘+’ and ‘-‘ symbols to zoom. Your representative’s contact info will be displayed in a pop-up dialog box. Please call or email them as soon as possible and tell them to protect Montana stream flows and wild trout. For sample language for your comment see below:  

SAMPLE COMMENT

Dear Representative,

As one of your constituents, I respectfully ask you to vote NO on HB642. This bill will have profoundly negative impacts for trout streams, instream flows, and water rights holders. It expands permit exemptions at a time when water is more precious than ever before. We need to safeguard our water for wildlife, agriculture, and recreation. Please vote no on this bill and help preserve our Montana heritage. 

Thank you,

YOUR NAME

arctic grayling

Help Save Red Rock Lake Arctic Grayling

Arctic grayling are one of Montana’s most iconic and imperiled native fish and they might soon be gone from one of their last refuges. The Upper Red Rock Lake (URRL) population of grayling have declined to the point that without direct intervention, they may soon disappear entirely. We need your help and support to solve this problem and protect URRL native grayling for future generations.

The problem for grayling in URRL is a lack of oxygen during the winter. Oxygen levels below the ice of the lake fall into the lethal range for grayling. More than a decade of research by USFWS, FWP and many partners leads to the clear conclusion that these fish will vanish unless we find a way to increase oxygen-rich water under the snow and ice cover of Upper Red Rock Lake.

The US Fish & Wildlife Service (USFWS), Fish Wildlife & Parks (FWP), and many partners evaluated dozens of project alternatives, leading to a draft Environmental Assessment (EA) outlining six viable options for saving these grayling. This draft EA is now out for public comment. The USFWS and Red Rock Lakes National Wildlife Refuge decision-makers need to hear from you in support of project alternatives aimed at long-lasting grayling conservation.

Tell USFWS today that ‘No Action’ is not a viable alternative. MTU encourages the agencies to pick a solution providing the most sustainable overwinter habitat for grayling while having the lease and shortest-term impacts to the Refuge and Wilderness.

Given the urgency for grayling, we believe that the underwater diffusers and/or the Shambow pipeline are the bests options for immediate implementation. We believe one, or both of these projects, concurrently or in sequence are needed. Failing to implement a project risks the survival of these grayling, as well as a failure to uphold the values and goals of the Refuge and Wilderness.

View the draft EA HERE. To send your comment via email, click here. For help, check out our sample comment below. You can also mail a letter to:

Elizabeth Tsang U.S. Fish & Wildlife Service, NWRS Planning Division PO Box 25486 DFC Denver, CO 80225

Comments are due by March 28, 2023. As always, if you have any questions about our work, please reach out to us directly at [email protected].

SAMPLE COMMENT

Dear Ms. Tsang,

I believe immediate action should be taken by the USFWS to protect Upper Red Rock Lake grayling. The ‘No Action’ alternative will result in the extirpation of this population. I encourage you to select an alternative to increase overwinter habitat that will have minimal impacts to the Refuge and Wilderness.

Specifically, I believe that underwater diffusers and the Shambow pipeline to be the best options to save these special fish and one or both in succession should be implemented. Thank you for your time and consideration.

Sincerely,
[Your Name Here]

Comments Needed on FWP Fish Creek Recreation Plan

Montana Fish Wildlife & Parks is currently gathering public comment regarding recreational use in the Fish Creek drainage, an essential native and wild trout spawning tributary of the lower Clark Fork River. A dependable source of cold water throughout the season, Fish Creek also provides thermal refuge to Clark Fork native fish when summer water temperatures soar on the main river. Recreational use has increased substantially in the watershed over the past 10 years. Montana TU believes it’s essential that this area is managed to preserve it’s excellent habitat values and resiliance to climate change for native species.

Two issues included in FWP’s survey are particularly important to us and we ask MTU members to comment in support of lessening the impacts to this sensitive area.

  1. Floating Closure – We support a floating closure on Fish Creek. Large woody debris is common in this watershed and essential to native trout populations. We are concerned angler use during a relatively short floating season will result in the removal of logs to maintain navigability, thus harming the fishery. Please support wade-only fishing access on the Creek.
  2. Developed Camp Sites Only – Dispersed camping already occurs on Fish Creek and increasing it will only have negative effects on future water quality. We believe camping in the drainage should be confined to developed camping areas with proper vault toilet facilities, to lessen impacts throughout the drainage to maintain clean, cold, complex, and connected water and habitat for both fish and wildlife.

To complete the survey, visit FWP’s Fish Creek Watershed Recreation Planning page for more information or use a direct link to the survey HERE. Please personalize your answers with the comment boxes provided to ensure your comments carry the most weight. The comment period closes December 20, 2022. When answering the questions, we ask that you strongly consider the values we hold dear: conserving, protecting, and restoring Montana’s wild and native trout. Thank you for your attention to this important issue.