A 1911 ruling by the United States Supreme Court found that “… all the public lands of the nation are held in trust for the people of the whole country.” Sounds good, but we’d better take a look at LC 2912, now under consideration by our Legislature.
That principle holds today in the ownership and management of federal lands in Montana. Hunting, fishing, hiking, camping… no matter what the specific interest, Montanans regard the ability to recreate on those lands as an essential right. Unfortunately, our own Legislature is now considering action that would compromise those rights.
“Land transfer” would allow federal land ownership to be given to the states. Given the current disaffection with Washington, D.C. the idea might sound attractive. However, Montanans should look closely at this policy’s consequences.
If federal lands were transferred, the state would assume the costs of managing them. In this era of uncontrolled wildfires those costs could be astronomical. Montana residents would assume responsibility for them. The only option to more taxes would be sale to private parties. There is no shortage of out-of-state billionaires who would be only too happy to oblige. We have all seen what happens to access then.
Outdoor recreationists aren’t the only stakeholders who would be affected. Tourism is our second largest economic driver, and a lot of those visitors come to enjoy our federal public lands. Many Montana communities depend on those tourist dollars to survive. Running livestock on lands managed by the Forest Service or BLM at reduced rates is crucial to many Montana ranchers. Does anyone think the state would be able to afford that benefit, or that private landowners would continue it?
Most of the impetus for land transfer has originated in Utah. In legal matters between state and federal governments a suit can proceed directly to the United States Supreme Court without lower court ruling. That’s what Utah did with an action that would allow land transfer there. In January, the Supreme Court declined to hear the matter. That decision highlights the weak legal case for land transfer. It also suggests that if political forces in Montana elect to pursue the issue, that would precipitate a long round of litigation paid for by Montana taxpayers.
LC 2912 is a joint resolution that, if passed, would support Utah in its further attempts to seize federal lands there. Should that resolution pass, it would establish a terrible precedent for other Western states with large tracts of federal including ours, not to mention another 640 million acres of federal land around the country.
While opposition to land transfer has been led by outdoor recreationists, we all need to think this through. Polls consistently show overwhelming bipartisan opposition to land transfer in Montana. Members of the stakeholder groups mentioned above have a lot to lose. We all need to contact our representatives and tell them to oppose LC 2912.
Don Thomas lives in Lewistown.