Montana should get its 5% share of federal land sales

As a result of Montana’s study of federal land management during the 2013-2014 interim, a wide variety of issues were reviewed. One small detail I noticed is the federal government is not paying their lawful share of proceeds to our state school fund each time Uncle Sam sells public land in Montana.

Federal agencies presently control nearly one-third of the land in our great state. Historically, the Bureau of Land Managemen has paid the state our share of proceeds when they sell public lands. But not all federal agencies have. When asked why, the Forest Service claimed national forests aren’t public land.

After double checking the Forest Service’s bizarre position, I confirmed their argument was not consistent with law. So I introduced Senate Bill 298, directing Montana’s attorney general to pursue all funds lawfully owed to Montana per Section 13 of the Enabling Act.

The revised fiscal note confirms there will be no added cost to the state to implement SB 298. Attorney General Tim Fox will use existing resources to calculate the amount due, send a notice to the appropriate federal agencies, and ensure payments received are deposited into our school fund.

Like most Montanans, I want better access, health and productivity on federal lands, and I don’t want to see Congress or anyone else sell them off or lock them up. In fact, I even carried legislation in an attempt to prohibit sales of federal lands. See SB 274 and SB 215.

Unfortunately, Congress has the constitutional authority to sell any or all of the public lands they control, whether we Montanans like it or not. The Forest Service has already sold 70,000 acres in Montana, and recently Congress introduced legislation to sell another 90,000 acres of BLM land in our state.

Although Montana cannot stop the federal government from selling the public land under federal control in our state, there is one noteworthy condition. It is found in Montana’s Statehood Enabling Act — a federal Congressional act prominently incorporated into Article 1 of our state constitution.

Section 13 of the Enabling Act requires the federal government to pay Montana 5 percent of the proceeds each time they sell public land in our state, and the state’s share must be deposited into our permanent fund for schools.

In its first hearing, SB 298 passed with flying colors out of Senate Judiciary committee on a solid 10-1 vote. The bill went on to win passage in the Senate Finance & Claims Committee and again on the Senate floor, with both Democrats and Republicans advocating in favor.

But oddly, after starting out with near unanimous bipartisan support in the Senate, every Democrat in the House of Representatives opposed the bill. Fortunately the Republican majority recognized the merits of the bill and passed SB 298. It is now up to Gov. Steve Bullock to decide whether or not to sign it into law.

If not vetoed by the governor, SB 298 will bring new funds into our school system without raising taxes or cutting other state programs. Our attorney general will be required to ensure 5 percent of the proceeds from past, present and future transactions are deposited into our permanent fund for schools.

There is no doubt these funds are owed to Montana. The federal government collects money each time it sells any part of the 27 million acres of public land they control in Montana. Five percent of that money is lawfully owed to Montana schools.

Every dollar could make a difference for a child or a teacher somewhere. Or reduce the burden on taxpayers. Aren’t these benefits we should all support?

I wouldn’t expect a veto, but you never know. If you believe the governor should approve SB 298, please call him at 406-444-3111 and let him know. For more information, I can be reached at www.JenniferFielder.us or Sen.Jennifer.Fielder@mt.gov.

Sen. Jennifer Fielder, R -Thompson Falls, represents Senate District 7.