Gianforte initiates Flathead Reservation land exchange
In accordance with federal law, Gov. Greg Gianforte has requested the U.S. secretaries of the Interior and Agriculture begin discussions with the state of Montana and the Confederated Salish and Kootenai Tribes regarding a potential land exchange under the federal Montana Water Resources Protection Act (MWRPA).
MWRPA authorizes the exchange of up to 36,808 acres of state trust lands within the Flathead Reservation for federal public lands within Montana managed by the U.S. secretaries of Agriculture or Interior, and directs both departments to prioritize the exchange over the next five years.
“The CSKT Compact became effective Sept. 17, 2021,” Gianforte said. “In collaboration with the federal government and CSKT, we are now taking steps to initiate the MWRPA land exchange process, which will take many years to complete.”
In his letter to Interior Secretary Deb Haaland and Agriculture Secretary Tom Vilsack, the governor requested meetings with representatives of the two federal departments, writing, “This effort will require cooperation and coordination among your Departments, the state and CSKT to ensure the exchange of state trust land for federal public land occurs in accordance with Pub. Law No. 116-120 and is in alignment with the state’s unique constitutional obligation to manage State trust lands for the benefit of the common schools and the other endowed institutions of Montana.”
Many state trust lands within the Flathead Reservation are difficult to access and are scattered in a checkerboard fashion throughout the landscape.
In the process, the state is looking to exchange for lands with better public access and greater revenue generating opportunities for Montana public schools that benefit from state trust lands.
The land exchange potentially affects only state trust lands administered by the Montana Department of Natural Resources and Conservation (DNRC) on behalf of the Montana Board of Land Commissioners (Land Board). State parks under the control of the Montana Department of Fish, Wildlife and Parks and lands owned by other state agencies within the Reservation are not subject to MWRPA’s land exchange provisions.
According to Shawn Thomas, DNRC Trust Lands Division Manager, most of the trust lands on the Flathead Reservation are either under agricultural or grazing leases or are managed for timber production.
“While there is not a specific land exchange proposal at this time,” Thomas said, “the state has begun examining the eligibility of state trust lands within the Reservation to participate in the exchange. We will regularly engage with lessees who may be affected by any future exchange under the MWRPA.”
The final decision falls to the Land Board, which must consider many factors before approving any land exchanges, including value, revenue generation, public access, long-term appreciation, and proximity to navigable waters. There will be multiple opportunities for public involvement and comment before any decisions are made.