Montana BHA Responds to Fast-Tracked Proposal to Consolidate Checkerboard Lands

The Montana Land Board just updated the State's Land Exchange Policy in an effort to streamline the process and to "address increased conflicts associated with the management of state lands including for example water disputes or corner crossing issues.” 

The new proposal devalues "checkerboarded" lands noting a lack of documented legal access. BHA and partners disagree with the state's position that corner crossing is unlawful, and last week we asked the Montana District Court to weigh in on the matter. We believe advancing a land exchange proposal designed to consolidate lands in the checkerboard before the courts have had a chance to weigh in is premature and ill-informed.

Montana BHA testified in person at this meeting and rallied 456 member emails to the Land Board requesting the Board reject the policy as written or at a minimum provide a 30-day extension to give the public more time to review the proposal. Unfortunately, Governor Gianforte’s motion to extend the vote another 30 days was rejected and the entire proposal passed without opposition.

While there are elements that we like about the new proposal, including increased opportunities for public comment, we have concerns about the reduced oversight authority for DNRC in the new model and question the changes to the "State Land Bordering on Navigable Lakes and Streams section.” We have concerns that the expanded definitions around "significant public use values” could result in a net loss of access for the public. 

Thank you to everyone who voiced their opposition to this fast-tracked proposal. We will keep you informed as land exchange policies are presented under the new process to ensure your voice is represented.