As of Monday evening, March 31st, we have just finished Legislative Day 62.
991 bills and resolutions have been introduced in the House and 693 in the Senate. 888 bills have passed to the second chamber.
Over the past week, I have received numerous emails on Joint House Resolution (HJ) 24 supporting Utah in their land lawsuit against the United States. The resolution further states, that the “federal government is unconstitutionally depriving Montana of its sovereignty” by retaining land in Montana. I do not support HJ 24 and will work to kill the bill. I believe in protecting our public lands and ensuring access.
I have also received concern about developing and, separately, changing the process to auction State Land Trust lands. Unlike our National Parks, National Forests, and State Parks, the purpose of State Land Trust land is to generate revenue to fund public education. By law, it should generate as much revenue as possible for that purpose.
Much of the 5.2 million acres are grazing or other agricultural leases. Those leases produce the least amount of income per acre. Other existing leases near population centers are to big box stores and hotels, or in key locations for cell towers and renewable energy, generate a lot more income. This revenue directly offsets the property taxes that fund public education. The https://dnrc.mt.gov/TrustLand/ website has more information and a short video on the State Land Trust.
By policy, the State can take advantage of opportunities to sell or swap state land to increase revenue opportunities to fund public education. For example, a landlocked parcel of State land could be sold to purchase land or swapped for land with more access and revenue-generating capacity. Some recent legislation updated the way those auctions are held by eliminating the requirement to hold them on the courthouse steps to allow more effective means, like online auctions, to attract more bidders.
Another bill, HB 676 revising laws related to state lands and water rights would primarily ensure that agricultural producers are compensated by future lease holders for the improvements that they make on their leases when they are transferred. The bill also specifies that any water rights owned by the lease holder on their private lands do not transfer with the lease unless they originate on or are diverted on the state property. For example, water diverted from the lease holder’s private land to leased land does not transfer with a lease. The bill also originally included a portion that “require[ed] the sale of isolated parcels with water rights to lessees” as a means of addressing this issue. That portion of the bill has been removed.
Please email, text or call with any questions or feedback. I am honored to serve you and remain committed to continuing to earn your trust.
By Representative Brad Barker (Montana House District 55)