Montana
Land Board approves 33,000-acre conservation easement in northwest Montana

A proposal to put nearly 33,000 acres of working forestland in northwest Montana into a conservation easement has cleared its last major hurdle.
In a 3-1 vote on Monday, the Montana Land Board adopted language amending an agreement between timber company Green Diamond and Montana Fish, Wildlife, and Parks that closes the book on a conservation project that took four years and nearly $40 million to finalize.
The Montana Great Outdoors Conservation Easement is located between Kalispell and Libby and encompasses parts of the Salish and Cabinet mountains. The roughly 33,000 acres of land will be protected from development to support wildlife habitat and “key landscape connectivity,” according to FWP.
An FWP memo on the project says the easement also provides “permanent free public recreation access” to the enrolled lands while sustaining their use as a working forest.
The U.S. Forest Service’s Montana Forest Legacy Program is putting $20 million toward the easement. Habitat Montana, a fund administered by FWP, is contributing $1.5 million, and the Trust for Public Lands coordinated another $4.2 million of financial support for the project. Finally, Green Diamond is donating about $14 million of the land’s value.
The easement is perpetual, meaning the terms of the agreement will remain in effect indefinitely, even if Green Diamond later sells the land.
In addition to supporting long-term timber harvest, the easement will confer tax benefits to Green Diamond, which owns and manages working forests in nine states throughout the southern and western U.S. According to a FAQ on the easement, Green Diamond will continue to pay local property taxes in Lincoln, Sanders and Flathead counties once the easement is recorded.
The easement faced a tumultuous path to adoption. When the Land Board first voted on it in October, WRH Nevada Properties, which owns the mineral estate beneath approximately half of the 33,000 acres, argued that the easement jeopardized its ability to develop the subsurface mineral estate.
Peter Scott, an attorney representing WRH and Citizens for Balanced Use, argued before the Land Board on Oct. 21 that the board would be ill-advised to authorize the easement while a lawsuit over it is pending, and given that ground-disturbing activities are “not compatible” with the Montana Forest Legacy Program’s purpose.
“The folks that fund mineral exploration are not looking for conservation easements as part of their program,” Scott said. “In fact, they’re leaving and taking their mineral exploration money elsewhere. From their standpoint, Montana is not open for business in the context of mineral exploration.”
To help alleviate that concern, the board voted in October to draft language recognizing its intention to protect the mineral rights holders’ ability to access and develop their mineral rights within the easement’s bounds.
The board’s 3-1 vote effectively alters the easement to read that the mineral rights holders “shall not be infringed upon.” The mineral rights holder will retain the ability to “enter and use the [conserved land] for exploration, recovery and development of the minerals consistent with state law,” per the language adopted by the board.
State Superintendent and Land Board member Elsie Arntzen opposed a final vote on the easement, arguing that more discussion is needed and indicating that the state Legislature, which is set to gavel in for its biennial session next month, may be inclined to weigh in. She sought to postpone final action until at least the spring, a delay Gov. Greg Gianforte did not support for fear it would compromise the Forest Service’s $20 million contribution to the easement.
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“The staff worked with all of the concerned parties to get language that was agreeable. For us to make additional changes here, without consultation with all of the parties, would put us in a difficult position,” Gianforte said, adding that Arntzen had effectively missed her window to oppose the easement writ large.
“At this point, the easement has been approved, subject to this language,” Gianforte continued. “I feel a strong compunction to honor the local consensus which has been built around this, which I think is reflected in this modified language.”
Arntzen also attempted to issue a “no” vote by proxy for Montana Attorney General and Land Board member Austin Knudsen. Gianforte, who chairs the Land Board, said only members who are actively present can vote.
Gianforte also struck down an amendment offered by Secretary of State and Land Board member Christi Jacobsen to make the easement subject to a 99-year term rather than perpetual.
The easement “has been granted, has been finalized,” Gianforte said. “So I would rule your amendment out of order.”
A variety of conservation and forestry-oriented organizations support the easement, arguing that it contributes to conservation and recreational objectives, and supports local economies reliant on forestry by facilitating access to a long-term timber supply. Those groups include Rocky Mountain Elk Foundation, Montana Wildlife Federation, Trust for Public Land, Montana Wood Products Association, Montana Logging Association,Stimson Lumber and FH Stoltze Land & Lumber.
A trio of current and former elected officials opposed the easement in a letter to the Land Board, arguing that more due diligence should have been done to assess the prevalence of subsurface minerals and communicate with WRH about the project. A letter signed by Rep. Steve Gunderson, R-Libby; Sen. Dan Bartel, R-Lewistown; and Kerry White, a former state representative from Bozeman who now leads Citizens for Balanced Use, a nearly 20-year-old nonprofit that calls for more motorized recreation and resource development on public land.
The second stage of the Montana Great Outdoors Conservation Easement is still in development. It’s estimated to top 52,000 acres to the west and south of the Lost Trail National Wildlife Refuge.
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The Session: We’re back. So are newly elected party leaders.
The Session is back for the 69th Montana Legislature. This week, we preview lawmakers work that starts January 6. Reporters talk about new party leaders, legislative rules, and how the governor wants to spend public money.

Montana
The Session | The end approaches

EPISODE DESCRIPTION
The 69th Legislature is starting week 17, it’s likely the last week of the session. Political tension are roiling as lawmakers narrow in on the final pieces of the state budget and property tax relief.
EPISODE TRANSCRIPT
Shaylee Ragar: The 69th legislature is starting Week 17. It’s likely the last week of the session. Political tensions are roiling as lawmakers narrow in on the final pieces of the state budget and property tax relief. We also wanna let you know about a live panel event that the session podcast is hosting on May 7th at 7:00 p.m. Put that on your calendars now.
This is The Session, a look at the policy and politics inside the Montana State House. I’m Shaylee Ragar with Montana Public Radio
Eric Dietrich: And I’m Eric Dietrich with Montana Free Press.
Shaylee Ragar: Okay, so let’s set the scene of where we’re at right now. Lawmakers are on track to hit Day 90, their constitutional deadline, a week from today on May 5th. They usually adjourn before that, and lots of legislators have been telling us that they want to be done this week. That means they must pass a state budget, and most lawmakers seem to be determined to pass a permanent property tax rate restructure before leaving Helena too.
So, Eric, before we dive into the policy. How would you describe the political vibes right now of the Capitol?
Eric Dietrich: I think the best way to put it is that it’s crunch time for the hard stuff. The stuff for the political coalitions just has not come together. You know, people are running outta patience, tensions are high.
Stuff is boiling over in dramatic ways on the House and Senate floor sometimes.
Shaylee Ragar: But there are some clear coalitions that have emerged on how the state should spend its money. Talk us through that.
Eric Dietrich: So folks who have been listening all session have heard us talk a lot about kind of the messy politics, particularly on the Senate side of the legislature this year.
There’s been a faction of Senate Republicans that have been basically feuding with Senate President Matt Regier and have been voting with Democrats to form a kind of effective majority coalition over there. That group, which folks call The Nine, that’s the coalition that’s passing most of the big tax and spending bills we’ve seen advance through the Senate side of the legislature the last few weeks.
Shaylee Ragar: The state budget is one important example.
Eric Dietrich: Yeah, like a very important example. House Bill 2, the state budget bill, funds agency budgets for two years. Big, huge spending bill, billions and billions of dollars, like probably the most important single bill the legislature passes each session, passed the House with kind of split caucuses, some Republicans for, some Republicans against.
Same with Democrats on the Senate side though, we saw a series of votes on amendments that all broke down on basically the same lines.
“Mr. Chairman, 23 Senators vote aye and 27 Senators, vote nay.”
We have nine Republicans, the 18 minority Democrats, and then other Republicans opposed.
“Mr. Chairman, 23 Senators vote aye and 27 Senators vote nay.”
“Mr. Chairman, 23 Senators vote aye and 27 Senators vote nay.”
“Mr. Chairman, 27 Senators vote aye and 23 Senators vote nay.”
It was kind of very perfunctory, almost like you know, the same vote, same vote, same vote. Crossed several amendments and by the end of the debate people who are on the losing side are getting up and, and saying, ‘Hey, the cake has been baked already. We don’t like this.’
Shaylee Ragar: You know, there’s the budget and then there’s the kind of companion bills to the budget that also includes spending that don’t show up in the line item of HB 2, but are in these policy bills that have appropriations attached to them. Senator Carl Glimm, who is chair of the Senate Finance and Claims Committee, got up on one of those spending bills and talked about how he felt like the legislature is passing too much spending. He’s one of the 23 Republicans who has been on the losing side of of these debates.
“And we all spent, like drunken sailors, we’re giving drunken sailors a bad name.”
And I do think it might be a little bit of political theater, what he said.
Eric Dietrich: But it’s entertaining political theater.
Shaylee Ragar: It’s for sure.
So Glimm is one of these 23 Republicans who are kind of in the minority now on these debates in the Senate. The tables seem to have turned this session a little bit, which has been super interesting. For example, last session, it was Democrats who were pushing back against a so-called ‘six pack of tax cut bills’ that were all tied together with coordinating language.
Democrats said it was too much spending in one package of bills moving too quickly. We are hearing very similar language from Republicans in the Senate this session about some of these big spending bills. They say there are too many proposals and too many concepts in one bill that they should be parsed and examined individually.
So it’s really interesting to watch that kind of role reversal happening.
Eric Dietrich:It is, yes. I think, to take one example, we heard a vigorous debate on the Senate floor this last week about what’s fairly described as a supplemental spending bill, so not the big state agency spending bill, but kind of a bill that is a container for other provisions.
And it came to the Senate, very simple bill, just about I think $100,000 for a trade commission between Montana and Ireland, but it had a kind of broad bill title, which means that they can add other things into it. And so that became kind of a place to stash other things that were spending proposals that some people at least thought were a good idea, but didn’t really have another place too late in the session to bring a standalone bill.
And so ended up with things like money for mental health evaluations and some language of changing how the board of investment operates and gosh, all sorts of other things too. And the rhetoric we often see play out in these debates is the folks that have the working majority, they say, ‘and it’s just by the means. It’s sausage-making, but you gotta get stuff done.’ Folks on the losing side said, ‘Hey, your, your sausage smells bad. I don’t like it. Let’s not do this, it isn’t the right way to do business.’ You know, that debate played out. Very much like that this year.
Shaylee Ragar: Right? And it’s not just about whether it is ethical or responsible to pass big spending bills with lots of amendments.
Lawmakers also have to consider whether they’re staying within the confines of the constitutional framework to pass bills.
Eric, talk us through those rules.
Eric Dietrich: The Montana Constitution has a single-subject requirement for bills and basically that’s, you know, each bill should express, do one thing that should be clearly expressed to the title, and don’t change that title and what the bill does halfway through the process.
The argument is that that makes it easier for lawmakers to have good standalone debates, makes it easier for the public to follow bills, that sort of thing. There are some exceptions to the Montana rule though, and legislators being legislators, they will take those exceptions and work them as hard as they can when that’s what they need to do to pass the things they want to pass.
And occasionally the things go to the point where somebody will bring a court case to challenge a bill and says, ‘Hey, this violates a single subject rule’ and occasionally bills do get thrown out as a result of that.
Shaylee Ragar: Yeah, Republican Senator Greg Hertz of Polson actually talked about how a couple of sessions ago, he had an election bill that was amended with some other language towards the end of the session, and that bill was struck down solely on the procedure of how that bill was put together and whether it fit the requirements for a bill.
And he pointed out that his bill had been struck down to say that, ‘Hey, Democrats and the nine Republicans who support some of these proposals, you could get your stuff struck down in court too.’
Eric Dietrich: Yeah, it’s gonna be fascinating to see whether some of the rhetoric we’re hearing on the Senate floor translates into actual court cases on notable bills that come out of the session this year.
Shaylee Ragar: Spending is causing a lot of tension. But property tax relief is also feeling pretty chaotic these last couple weeks of the session. There are some big bills that have been voted down and then resurrected. It’s also been hard to keep up with which bills are alive and dead. So, what do we still have on the table, Eric?
Eric Dietrich: Gosh, if I was following this from home, I think I’d be giving up on tracking individual bills and maybe tracking ideas instead. The big idea on the table still is the tax relief proposal that’s advanced by Governor Greg Gianforte. I’ve been calling it the second home tax ’cause what it would do is it would reduce taxes on primary residences, in part by raising them on second homes.
The idea being that if you just scale back taxes on residences and don’t do much else, that tax burden, a lot of it will flow elsewhere, so onto businesses. And so the governor’s proposal, what it does is it scales up taxes on second homes and Airbnbs in order to minimize how much extra tax burden goes on to businesses.
As of this recording, that idea is alive in two bills that are kind of redundant with each other. Those two bills are both moving forward. That idea seems like the one that’s likely to pass, but I may well eat my words on that.
Shaylee Ragar: We’ve been seeing lawmakers take this approach of having two bills with similar concepts in each moving at the same time.
The goal being to have one pass to keep the momentum moving in one of these vehicles. So we’ll see which one ends up making it across the finish line, if any. Eric, why is it so complicated for lawmakers to figure out property taxes?
Eric Dietrich: The real challenge with property taxes is that if you want somebody to pay less, somebody else has to pay more, or you have to cut local services.
Most people in the building aren’t pushing for major cuts to local services, and as a result, the money’s gotta come from somewhere. And so the challenge is where is it another part of the property tax system that’s not homes? Is it the state general fund, which is mostly income tax dollars? So that would be another approach, but the governor doesn’t like that and has threatened to veto bills that would do that.
Where’s the money gonna come from and if the money’s gonna come from somewhere, does that mean raising taxes on a class of people? Which is a tough thing politically for lawmakers to do.
Shaylee Ragar: I wanna talk about one other thing that was a top priority for Governor Greg Gianforte, which was cutting income taxes. A proposal to do that is headed to his desk.
Eric, talk us through that bill.
Eric Dietrich: Yeah, so the governor who proposed a cut to the state’s top bracket tax rate this year, he didn’t get it, at least not as much as he wanted. Instead, what lawmakers have passed is a smaller cut to the top bracket tax rate, and then also another provision that basically takes the state’s lower bracket tax rate and provides that to more taxpayers at more incomes.
Lawmakers who argued for that say that would target more relief towards middle income taxpayers. That bill will cost the state about a quarter of a billion dollars a year in revenue once it’s fully implemented.
And since we’re talking about divisions of the Republican Party, we should note that that one was essentially a party lines passage supported by Republicans, opposed by Democrats.
Shaylee Ragar: Thanks for breaking that down for us, Eric. I think we’ll cut ourselves off there for today, but please tell me what was your favorite moment last week?
Eric Dietrich: A lot of the tax and budget bills going through the legislature have been written by House Appropriations Chair Llew Jones of Conrad. He’s basically the legislature’s budget guru. Also kind of the guy who’s making deals behind the scenes and at this point in the session, he seems to be getting his way with a lot of stuff.
There’s some friction there in places. There’s a non-budget resolution that was going over the House floor this week coming from some folks who want to go back to the days when state legislators picked US Senators instead of having senators elected by a popular vote like we’ve been doing for the past century.
During that debate, John Fitzpatrick from Anaconda, got up and asked the supporters of the bill if they wanted Representative Jones to pick Montana’s next Senator.
“If the intent of this resolution was law today, our next US Senator would be picked by the representative from Conrad in Seat 91.”
He got a lot of laughs and perhaps killed that bill right there.
Shaylee Ragar: Yes, someone needs to write a biography of Representative Llew Jones. There would be lots and lots of material. He is very well known in this building.
Eric Dietrich: And perhaps not as well known as they should be by the broader public.
Shaylee Ragar: That’s so true.
We’ll leave it there for now, but I again wanna highlight, we are going to have a live panel discussion with all the reporters you’ve been hearing from on The Session on May 7th at 7:00 p.m. We want your questions, we want your comments.
You can find an online form to submit those at mtpr.org/session. Thank you so much for tuning in, and please join us on the 7th. This has been The Session, a look at the policy and politics inside the Montana State House. Thanks, Eric.
Eric Dietrich: Thanks.
Montana
Headwaters Classic hosts Montana's largest youth lacrosse tournament

BOZEMAN, Mont. — Lacrosse athletes from all over the upper Rocky Mountains flocked to Bozeman for the weekend for the Headwaters Classic.
“We try and host a tournament in Bozeman every year, unfortunately, with schedules it doesn’t happen every single year,” Headwaters Lacrosse president Mike Bonville said. “This is the first time we’ve had a tournament this size though.”
The Headwaters Classic was put together primarily by Headwaters Lacrosse and Treasure State Lacrosse , with help from Bozeman Lacrosse and Montana State University.
The tournament brought in over 800 athletes from Montana, Idaho, and Wyoming to compete on the campus of MSU. There were over 70 youth teams from 11 different club programs for both boys and girls, ranging from kindergarten through high school.
“This is the biggest spring tournament in the state’s history I believe, which is super cool, and we’re happy to be a part of it,” Treasure State Lacrosse event coordinator Hailey Blachly said.
But the Headwaters Classic wasn’t the only tournament that MSU was hosting that weekend.
Montana State’s club lacrosse competed with seven other colleges in the Rocky Mountain Lacrosse Championship on the Bobcats’ field. The college club conference championship along with the Headwaters Classic gives kid an inspiration for their future lacrosse careers.
“You can see yourself in their shoes and I think that’s really cool for kids out here to be able to see that there’s a path outside of high school lacrosse. They can go to college, and they can continue to play the sport they love,” Blachly said.
“The thing that’s very special is they get to see the path progression of the game,” Bonville said. “They’re working hard as kids and if they stick with it, there’s an opportunity to play at a pretty high level for the Bobcats or maybe somebody else.”
But the tournament of this size not only helps with the level of competition for the youth, it also invites more athletes to grab a stick and help grow the sport in Montana.
“Having these types of events where we have teams coming from out of state, playing all of the talent in state is really important just to keeping the momentum going with the sport,” Bonville said. “It’s a very fun sport, lots of action, and kids are busy out there on the field, and once they get the taste of lacrosse, it’s tough to beat it as a spring sport.”
It is unknown at the time whether or not the Headwaters Classic will return in 2026 to fit other club schedules. However, this tournament set the new standard for what lacrosse can be in the Treasure State.
“Having all of these teams come to Bozeman is great sign that Bozeman’s a great place for people to come, bring their kids, and play lacrosse,” Bonville said. “Our goal is to make this something that people plan on every year and it’s on the calendar, and it doesn’t matter if you live in Bozeman, Montana, Idaho, Wyoming, or beyond, you’re circling this weekend that you’re going to be playing in Bozeman at the Headwaters Classic.
“Sometimes its hard to get everyone from different areas of the state together in one spot, because there’s tons of different challenges,” Blachly said. “Headwaters, Bozeman, Treasure State, and MSU all being on the same page to support an event like this is awesome, and I think that bodes well for other places in the state in the future to say, ‘Hey, we can bring the youth, high school, and college together to have one event. We can work together,’ and that’s going to create awesome growth going forward.”
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