FR 2021-01117

The Federal Register notice titled "Initial Classification for State In Lieu Selection and Notice of Termination of Proposed Classification, Montana" involves a petition by the Montana Department of Natural Resources and Conservation to obtain public land and mineral rights. This request is rooted in the fact that the state did not receive its entitled lands under its Statehood Act. In line with the Taylor Grazing Act, the notice classifies 5,816.63 acres as suitable for transfer to the state while offering the public an opportunity to comment or request a review of this decision by February 22, 2021.

General Summary

The document communicates the process by which Montana seeks to claim public land to offset lands not received upon statehood. This process involves the reclassification of federal land to state ownership under specific legal frameworks like the Taylor Grazing Act. Additionally, any land that isn't designated for this purpose may be made available for public use. The Bureau of Land Management (BLM) has carried out an environmental review to assess the suitability of these lands for transfer.

Significant Issues and Concerns

One of the key issues with the document lies in its technical nature, which might be challenging for those without a background in land management or federal law to comprehend. The document outlines various reservations and rights-of-way for different entities, yet it does not delve deeply into how these decisions were reached or whether they were subject to competitive processes. Moreover, the document briefly mentions an environmental analysis without delving into specifics, potentially prompting questions about its rigor and transparency.

The short 30-day window for administrative review is another concern, as it may not afford sufficient time for all interested parties to respond adequately. This time frame may be particularly challenging for residents and stakeholders unfamiliar with government processes, who may require additional time to understand and react to the implications of these classifications.

The criteria for determining reasonable compensation to holders of range improvements remain unclear, raising concerns over fairness and transparency. Similarly, the process for negotiating rights-of-way and converting them to permanent easements is not thoroughly detailed, which could lead to doubts about the fairness of the agreements reached.

Furthermore, there's a lack of information about potential conflicts of interest, especially concerning rights granted to specific companies and entities, which could raise questions about impartiality.

Impact on the Public

For the general public, this notice carries the potential to influence access to public lands, depending on how the classification and subsequent transfer are managed. Land that remains unclassified for state use could become available for public activities, such as recreation or commercial use. However, unless properly communicated and managed, these changes might lead to misunderstandings or contestations over land use rights.

Impact on Specific Stakeholders

The document could have significant implications for stakeholders, including local communities, existing grazing leaseholders, and utility companies with rights-of-way. For instance, existing holders of grazing leases stand to benefit as Montana plans to offer 10-year leases on transferred lands, affording them stability and continuity. However, the process might be perceived to favor existing leaseholders without a transparent review of other potential candidates.

The interests of companies granted rights, such as Nemont Telephone Cooperative, Inc., might also be impacted by the arrangements to transition their authorizations to permanent easements. Any lack of transparency or perceived inequity in these processes could result in dissatisfaction or legal challenges from affected parties.

Overall, this notice is a significant event in Montana's land management history, involving layers of complexity, rights, and negotiations that demand clear communication and transparency to foster public trust and support.