The Montana Land Board voted 3-2 on Monday to overhaul the criteria used to evaluate land-swap proposals, delivering the first sweeping changes to the process in more than 20 years after a meeting that drew criticism for its limited public notice. The board, composed of five statewide elected Republicans, provided the legally required 48-hour notice but did not widely circulate the detailed agenda and proposed rules, according to opponents who argued the changes were rushed through without adequate public scrutiny.
Governor Greg Gianforte, Secretary of State Christi Jacobsen, and State Auditor James Brown voted in favor of the new policy. Attorney General Austin Knudsen and Superintendent of Public Instruction Susie Hedalen voted against it, the Associated Press reported.
The centerpiece of the overhaul lowers the legal standard for land exchanges. Previously, swaps were required to be “in the best interest of the trust beneficiaries” — primarily Montana’s K-12 public schools. The new policy replaces that language with a requirement that swaps “benefit” the trust, and it adds a list of factors the board may now consider, including economic development, public access to lands, and recreational opportunities.
Jack Connors, the chief lawyer for the State Auditor’s Office, described the change as a “red-tape reduction” initiative that eliminates “unnecessary bureaucracy.” Brown said the measure will address water- and corner-crossing-related disputes and create multiple opportunities for interested parties to comment, thereby adding transparency to the process.
Critics argued the proposal itself lacked the robust public notice and comment period it promises to create for future swaps. “This is a backroom deal that prioritizes development interests over Montana’s public school kids,” said Clayton Elliott, executive director of Montana Conservation Voters. Kevin Farron, executive director of the Montana Wildlife Federation, said the public was “essentially shut out of this process.”
Russell Fruits, a former state lands official, warned that the lower standard could undermine the constitutional mandate to manage trust lands for the financial benefit of schools. Revenue from the roughly 5.2 million acres of state trust lands — generated through leases, timber sales, and land exchanges — flows to public schools, and Fruits said the changes could open the door to swaps that favor developers without maximizing returns for education.
The Land Board has not undertaken a wholesale revision of its land-swap rules since at least the early 2000s. The vote marks a significant shift in how Montana governs one of its largest public trust responsibilities, and the limited-notice rollout has already drawn pledges of closer scrutiny from conservation groups and former officials.